Legal Question in Family Law in Texas
My husband is behind on child support. He was injured in a motorcycle accident several years ago that made him unable to work for a year. In September of last year, he got hurt at work. It took until Feb. of this year to get his Workman's Compensation benefits started. In August, they tricked him into saying he wanted to close his case by threatening him with court. He wasn't given a final examination by a designated Dr, and we are currently appealing the decision to stop payments. In the meantime, he is not able to pay his support. In December, he has to go before the judge. If he hasn't kept his payments current, they will put him in jail. My question is, how is a man supposed to pay when he is unable to work? Why is he the only one legally obligated to support the children? If something happened to where she was unable to work and had to draw welfare, no one would put her in jail. Please tell me what we can do! With the economy the way it is, I am not even able to find work in our town. We are moving in the next week for me to start a job, but I don't know that I will make enough to catch him up. Thank you.
1 Answer from Attorneys
Here's your remedy: There are two things you need to do:
1. Make sure that he pays something, even if it's a partial payment of $50.00. He should pay something every month.
2. When it's time for him to go to Court, he should go to court, and tell exactly what's happened to him. He might even write it up as a narrative and file it in advance with the Court. It's very unlikely that a Judge would put him in jail.
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