Legal Question in Family Law in Texas

I lost my job last year. I have been paying as much as i can in child support but have fallen behind by a lot compared to what I was ordered to pay in divorce decree. Can I go to jail if I am making an effort and paying all that I can?


Asked on 9/07/09, 4:42 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

The short answer to your question is probably not. However, what you really need to do is file a motion to modify so that you child support is based on your current income without and not what your income was when you were employed.

If you are concerned about increasing the support after you become employed, nothing in the law prevents you from paying more.

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Answered on 9/12/09, 10:59 am
Fran Brochstein Attorney & Mediator

I agree with Keith. You need to file a MOTION TO MODIFY CHILD SUPPORT if your income has gone down and does not appear that it's going to go back up to the old income.

It appears that you live in Harris County from your zip code.

You need to take a certified copy of your last court document signed by the Judge to an attorney.

Good luck!

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Answered on 9/12/09, 7:37 pm


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