Legal Question in Family Law in Texas

Out of work

My boyfriends Ex is looking for him to pay child support. He has always paid, but has been out of work now for 2 years. Times are tough and we are now expecting. Can she have him put in jail and held? What can he do if he cant find a job and has no money for a lawyer? Please help.


Asked on 2/11/04, 11:13 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Out of work

I am not clear on your questions.

Is the child support ordered through the Texas Attorney General's office? If so, he is court ordered to make a monthly payment. If he does not, then he can be held in contempt and will be sent to jail for up to 6 months.

Your pregnancy and his unemployment does not relieve him of his obligation to support his other child(ren).

After the new child is born, he can request that his child support be lowered. For example, if he has one child the 20% will now be reduced to 17.5% of his net monthly income (as determined by the State of Texas).

He can go to the Harris County Law Library located downtown in the Jury Assembly Building at the corner of Fannin and Congress and read about what is needed to do a modification.

I personally think he will need an attorney but he is free to try to do it himself.

My office charges $990 to begin a modification. Then a weekly payment plan is available. We don't flat-rate. If you overpay us, we refund any unused money at the end of the case.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 2/11/04, 1:41 pm


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