Legal Question in Family Law in Texas
I was put on child support about a year ago and was paring $745 a month but then got laid off work for about 3 months. Do I still have to pay child support for the 3 months I was off work? When I lost my job I went to the attorney general office and notified them and also told them when I got the new job. They adjusted the new child support amount according to what I am making now which is $350 a month but they said I still have to pay back child support for the 3 months. Is there anything I can do about this, it wasn't my fault I was laid off and now I owe about $2500 in back child support.
1 Answer from Attorneys
The simple answer is YES.
Your child still has to eat whether you are working or not.
I would strongly urge you to hire or consult with an attorney in private practice in your area so that are sure that your legal rights are protected.
If you had sent out an email when you were first unemployed, I would have told you to consult with a family law attorney immediately BEFORE going to see the TX A G office.
The TX A G office is not there to help you. Their primary purpose - as stated on their website -- is to collect child support for the children of Texas.
Just because you went to the TX A G office and told them you were unemployed, it's not enough. Yes, you THOUGHT you did the right thing, but it was NOT enough.
You need a court order SIGNED BY A JUDGE that LEGALLY ORDERS the TX A G office to ORDER your child support to be LOWERED.
You owe $745 a month until the child support was modified legally to a lower amount.
Sorry!
Oh, the $2,500 also grows at 6% interest each month. Ouch!
Plus, they will take more than $350 per month from your new paycheck.
They will also take money from any tax refund.
If you quit your job or get seriously behind, they will grab money from your bank accounts. So don't get "cute" and try quit your job! (They don't give you any notice BEFORE they grab the money out of your bank account -- the money is just gone one day and then your checks bounce.) They will also try to take away your driver's license or put you in jail if you get seriously behind but that won't happen for awhile. They will also report this past due child support to the credit bureau and it will ruin your credit! So if you apply for a mortgage or even a credit card -- forget it!
You just learned a valuable lesson -- the TX A G office is not legally bound to give you legal advice.
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