Legal Question in Family Law in Texas

Re: Liens

I would suggest that you file a motion for contempt of court against him for his failure to pay the child support. After you obtain a finding by the court that he is in contempt of court, hopefully he will be sentenced to jail. You then will be in the driver's seat. He will then probably decide that it is better to pay you than to spend a considerable amount of time in the "County Hilton" (jail).

Re: Liens

You have a number of possible options. I would suggest immediately filing a motion to enforce where you can seek to have your ex put in jail till the amount is paid. This will give you a great deal of leverage in convincing your ex to pay. You can also have the arreage reduced to a judgment and then file an abstact of judgment that will cloud title to his home. You can also try to garinish his wages or other property. Finally, you can ask a court to suspend any license the state of Texas has issued, ie. driving, hunting, law, medical, concealed handgun..ect.

With these tools at your disposal, you have a number of options to try and collect this large arrearage. I like to help you. Give me a call if you have any further questions.

John Pfister

972-712-9208

Re: Liens

The key to answering your question is whether the house is your ex's homestead. If it is, you are in a tough position because a homestead is exempt from execution, even for child support. If it isn't, then you should file a child support lien. There also may be remedies that would suggest themselves once more facts are learned. You should go see a lawyer prior to the sale.