Legal Question in Family Law in Texas

if I owe back child support and I have had a stroke and am currently making payments can I be made to pay more and can I be put in contempt or could I go to jail?


Asked on 11/11/10, 5:44 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Yes, you can be found in contempt and put in jail.

It's not LIKELY to happen, though. At least the jail part is not likely to happen.

It's very common for someone to be found in contempt but NOT be sent directly to jai. They "suspend" the sentence conditioned on you making extra monthly payments.

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Answered on 11/17/10, 5:52 am
Fran Brochstein Attorney & Mediator

If your income has dropped and you can prove that it has permanently dropped then you can request that you child support be lowered.

You need to file a motion with the court to ask the court to consider this request.

The child support will not be lowered until you file this motion. So you need to do this. The TX A G will NOT do this for you!

You probably need to hire a private attorney to help you or find a pro bono attorney to help you. There might be a free group in your county. Try Lone Star Legal in your county. Their services are probably filled because of the number of requests they receive. A lot of people need free legal help now. If you are a veteran perhaps there is help now. Or perhaps someone at your church might be willing to help you. Look around.

Good luck.

Take care.

Happy Thanksgiving.

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Answered on 11/17/10, 10:05 am


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