Legal Question in Family Law in Texas

Re: Does my son in prison have to pay a large child support. He had no represen

He would have to begin paying child support when he gets out of prison based upon the $350 figure. This way too much based upon his likely income (unless he did really well in prison), but his arrearage will be calculated on that number unless he takes steps to change it. Perhaps the jailhouse lawyers can help him get something started before he gets out. There are very few entries to the courthouse "without a lot of expense".

Re: Does my son in prison have to pay a large child support. He had no represen

If he makes minimum wage, then his child support for one child is set too high. He will need to modify the Final Decree of Divorce.

I offer a free consultation if you live in the Houston area.

Best of luck to you!

Re: Does my son in prison have to pay a large child support. He had no represen

You asked several questions. First, it is often expensive to do what he needs unless the other party is willing to cooperate.

He can change the CURRENT child support to match his current income. If he is making minimum wage, his child support should be slightly more than $150.00. This is the easy part, but he will still need legal representation. If he qualifies, he needs to see if there is a legal aid office in his area. The local bar association can steer him to it.

As to the arrearage, this is much more difficult. Theoretically, he cannot have it reduced and he can be put in jail for violating an order to pay child support. I have had some luck in the past in negotiating a reduction in past due support based on the fact that it helps to ensure that the mom would be more likely to get something. If he has somewhere to borrow money, it might be possible that the other parent would settle for a lesser amount up front rather than see it come in over a long period of time. Also, an argument can be made that he is not subject to contempt because he does not have the ability to pay.

Good luck.