Child Support

[ktarra617]

What is the name of your state? Tx

Last september my ex, myself and the Attorney General's office all went to court over my ex's failure to pay his support. My ex and I came to an agreement. I signed the form to take the AG's office out of this mess. Well I later got a letter from the AG's office stating that if I didn't return the form then they would continue to provide child support services. Well they closed my case anyway and it took me to April 15th to get it reopened. My problem is during that time it is my belief that my ex filed his taxes and recieved his return and did not offer to pay anything toward his back support.

He quit paying support in Oct just a few weeks after we had come to an agreement in court with the AG's office. So I have not recieved anything from him in 10 months.

His tax returns are in the 5 to 6k range a year because of his three kids and the fact that he makes less than 17k a year. He is also around 8k behind in support. So I am not complaining over a small amount of change.

His whole reasoning for why he didn't pay before was that he wasn't seeing her, now that he has been seeing her on a regular basis he still isn't paying support.

Anyway my question is, how do you all think it will look to the court when I get him hauled back in there that he got his tax return this year and didn't send anything to the AG's office or rather the County Clerks office at the time to pay something toward's his daughter's support?

Just wondering.

Thanks!

 

[Whyte Noise]

ktarra...

was there a Tax Intercept that was supposed to take place? Or is it that he just filed the return, and you thought he should at least OFFER to pay some of the CS?

I can't really say how much of a difference that's going to make, but I guarantee you that him stopping paying CS just weeks after the order was agreed to is gonna look real bad on him. Him withholding CS just because he didn't get visitation isn't going to wash with a judge. CS and visitation are 2 seperate things. He can't withhold CS because of lack of visits, just like you can't withhold visits because of lack of CS. I agree that he should have at least made an effort to pay you what he owed when he got his tax return. I just hope that the judge will see it the same way.

 

[ktarra617]

The last three years his tax return has been intercepted to pay on his back support. This time since the AG had closed the case after they told me they weren't, I have been told that it is likely he got his return before the AG resubmitted the intercept order for this year.

It wasn't just that I felt he should offer. They have been taking his returns for years now and he knows he's behind and hasn't offered to pay anything at all since we had agreed to new orders. I know why he hasn't paid though. We had agreed to a downward modification. However as my attornery could not get us on the dockett until november and he quit paying in Oct I never went back to court to get new orders. So now he's mad because I didn't go back to court and get new orders that lowered his child support.

So now since I didn't go and follow through on new orders he's not going to pay until the court forces him too. I am just wondering how that will play to a judge.

As for him not seeing her, I didn't know where he was for a long time. I had no idea where he was until my daughter was about to turn five years old. I had heard he had got remarried but didn't know the details. He just says that so that he justify it to himself and so that others will feel sorry for him.

I am just wondering if given the fact that the irs has intercepted the return for the last several years that a judge will look at his failure to atleast pay something on his back support at a mark against him?

thanks for the reply though!

 

[Bre's_mom]

If there was no interception, then theres nothing you can do. And also , he don't have to send any of the money since there was not an interception.

 

[ktarra617]

I wasn't asking whether or not he legally had to send anything, and actually in the state of Texas they do ask if you have recieved any large sums of money that could have been used to pay on his support.

The only thing I was asking was if anyone else had been in this situation and the judge admonished the other party for failing to pay something towards their support.

But thanks anyway.