Reguarding back child support

[krazie_pando]

What is the name of your state?TX

Ok, I'm posting for my husband because he doesn't know how to work a computer.
When my husband was 17 he had a child. For 2 years he support the child and the child's mother. They broke up (very bably, lots of hurt feelings). She wanted him to sign away his rights. He was going to (on ill advice from his family) but she changed her mind and filed for child support. Where in he was required to carry health insurance for his son along with child support.
my husband was arrested and jailed for 6 months some time afterward. He was released then violated probation and went back to jail for 6 months. He was released and then violated probation again and went back to jail for 6 months. (Ok i know what your thinking but my husband was young and foolish. He also followed the crowd and thats how he got in jail so many times.) At this point in his life I met him. He learned his lesson and finished the rest of the year of probation without any trouble.
ok all those time he went to jail he did not get the child support stopped or reduced. I'm not sure how much is was when he got out of jail (close or over 8,000). He pays the amount the attorney general garnishes every month (its current adn includes some back CS.). Also we just had a child together.
Ok Finally my question. Is there any way to adjust the back CS from the times he was in jail? We need to know because this year we were married and the attorney general garnishes his income tax every year. If we file jointly can she get all the our joint income tax? (i worked this year) And can it be reduced because of our daughter? I stopped working after her birth, so my husband is our sole income. Also he does have medical insurance on his son which she never uses b/c its too expensive. She has him on CHIPS.

 

[dwdragon]

Let me start with the fact that I have no idea how TX law works so I may be completely wrong but in knowing people all over the US and in Canada too as far as child support it seems to be very much the same with minor changes in amounts and the time you are allowed to be delinquent.

I hate to say this but I would say that he is stuck with the back child support. He should be able to file for a change of circumstances where his financial needs increased and his wage did not based on the fact that you will be getting married and have another child. This may or may not reduce the child support for future months. As far as the insurance goes if the mother does not use it he can nicely ask her to deny the need for the coverage at which time that it will be dropped unless she is on govt aid. The only other way I know of not providing the health insurance is if having him on the insurance causes undue hardships. This is the way it would work in CA and in many other places where I have known either mothers or father dealing with child support issues. I regret to say I have not known anyone in TX.

 

[BelizeBreeze]

Is there any way to adjust the back CS from the times he was in jail?

nope. He owes that support and the resultant interest.

We need to know because this year we were married and the attorney general garnishes his income tax every year.

And that will happen until the arrears are paid in full, including interest.

If we file jointly can she get all the our joint income tax? (i worked this year) And can it be reduced because of our daughter?

Yes, and then you'll have to file as an injured spouse to recover your portion. Instead, file married head of household.

I stopped working after her birth, so my husband is our sole income.

Irrelevant.

Also he does have medical insurance on his son which she never uses b/c its too expensive. She has him on CHIPS.

doesn't matter. If the court order requires him to have insurance then he must either maintain the insurance or petition the court to relieve him of that duty.

 

[nextwife]

Honestly, I DON'T understand all these women who come here complaining about how their spouse can't manage their CS responsibilities, and then they choose to have children and place the ENTIRE financial support responsibility on the guy who was already having financial trouble managing the payments they had!

Every woman has a right to become a mom, but, for pete's sake, when we marry guys who pay CS, unless they make big bucks, or we saved money to live on during our work hiatus, we gotta figure on sharing the load! Actually, while my hubby was still paying, I payed for the bulk the cost of supporting our daughter together.

 

[krazie_pando]

Honestly, I DON'T understand all these women who come here complaining about how their spouse can't manage their CS responsibilities, and then they choose to have children .

You must have missundertood me. I'm not complaining about CS. You should look at the other post I have on visitation. I think my husband should pay CS for his son. What your not understanding is, he did not know he could have had CS stopped or lowered for the almost 4 years he was in jail. ( you have to understand he was barely 18 when he went to jail). How is a man suppose to pay CS when he has no income coming in?

My husband hasn't ran from his responisblities of his child he was pushed out. He was 16 when he got her pregant and they had only been dating a month.He dropped out of high school and went the oil field ( one of the only places you can make good money without a high school education) & his family disowned him. While she was pregant adn the next year or so he completely supported her. He come home from work on day and she was in bed with his best friend. (Thats the only reason he left her. Had that not happen he'd probably still be with her for his son's ssake.) At this time is when he went ona drinking binge and got 3 DWIS in a few weeks and ended up going to jail for the 1st time.when he got out the 1st he went back to her b/c of his son and she cheated on him again. so he got a dwi violated probaltion.thats y he went to jail so many times. he was tring to drink adn forget.( now take a look at my earlier post and my other post of vistiation.)

She has been taking his money and not letting him see his son. She also had never told his 8 yr old son that he was his father. She let her son beleive his step-dad was his real dad, until last month. This women actually told me to my face every women should have at least 3 kids with different dads to live off the CS. Every year for the past 3 years we've been together when she gets his 2,000 income tax return she blows on something stupid like a huge salt water fish aquarium. Then complains that she doesn't have any money to pay bills.( my husband pays 350 mo current and 250 month back CS that is 600 a month) She is married and her husand makes over 5,000 after taxes a month. They live ina small West Texan town and pay 350 a month for a 4 bedroom house. (cost of living is very low there. we used to live there) Every 3 yrs she calls the attonry genrel and they review my husbands income and usually increase his CS. In TX they dont review the NCP income unless the cP requests it. So this is the woman ur standing up for. she sees her kids as dollar signs.

Until he met me he did not know he could still possibly get visitation. Until me he had given up hope completely. So If you think I'm complaining about CS you are mistaken. I'm trying to find a way that my husband can have a relationship with his son. Something that he really wants to do. I wondered if the back CS could be stopped becuase he shouldn't owe it. Now that I know we can't I'll get a loan and pay it in full so that it will stop hanging over our heads.

 

[krazie_pando]

To clarify the insurance question.

If the court order requires him to have insurance then he must either maintain the insurance or petition the court to relieve him of that duty.[/QUOTE]


THe court does require him to cover medical insurance through his company if they offer and they do so he has it. What i was wondering if the court orders my husband the have health insurace on his son and she refuses to use it what do we do? Would she be violating a court order? She rufuses to uses it b/c she thinks its too expenses and has his son on a government funded program CHIPS. Now if she continues to use CHIPS would my husband be respnsible to pay back to government even though he is carrying private (court ordered insurance) on him?

 

[krazie_pando]

Clearing up on the taxes

.Quoted from BelizeBreeze

"Yes, and then you'll have to file as an injured spouse to recover your portion. Instead, file married head of household."

So exactly does this mean? If we just filed jointly she would get the full return and then i would file injured person to get my part? ( right?) so stop that from happening I would file head of household and claim my daughter and him? Even though he makes more money? I'm not very good with taxes, sry. But thanks for helping.

 

[brisgirl825]

Even if he did petition the court for a reduction, he may not have been granted one. Getting in trouble with the law is a voluntary un/underemployment situation.
So get a job and help support the family, if you're not making ends meet.

 

[krazie_pando]

I found the information I was looking for

http://www.lanwt.org/txaccess/re-childsupport.asp

This is a Texas website for NCP ran by the Texas Attorney General. It offers advice on visitation and childsupport.

We may not be able to get all of his back child support suspended but it is possible to get the intrest stopped. There are 3 possible curcumstances to try to have this done.

This was what I was looking for, the possiblity. In the past 3 years, what my husband has paid in back child support monthly adn including his tax returns actully almost pays off the amount of back child support he come out of jail with, but with 6% intrest every year its not paid in full kept increasing the amount. Its almsot like a never ending loop.

I thought I woudl post this for anyone else that may have the same questions.

 

[issaka]

If you dont work, Im not sure how you would file as head of household. If you are so close to paying off your back child support, wouldnt it be easier just to pay this years taxes. Wouldnt that put you even. And he can have child support reduced by 2.5% because of the new child, BUT if he is making more than he was when the original order was signed than he will end up paying more like my daughters father had to. He also tried to go back and have child support arreareages modified during a time he was making less until I brought up a time that he was making double and the judge didnt want to hear him beyond that. It was your husbands responsibility to have child support lowered during the time he was in jail, and ignorance is no excuse for the law.

 

[krazie_pando]

If you dont work, Im not sure how you would file as head of household.

I worked half of this year. I only quit my job because I was put on bedrest towards the end of my pregancy due to complications. That is one of the reasons I wanted to know if she would get all of our income tax because I worked and went to college (so I get education rembursements). I only took off the rest of the year stay home with the baby until she was 6 months old to put her in daycare. By the way when I finish college at the end of next year I will be making more the my husband and more than he can ever make if he doesn't further his education b/c he only has a GED. We plan on putting him thru college following my graduation.

There is no doubt that his CS is going to increase. For one, in January it will have been 3 years since his last income review. THe CP always get the courts to re-review his income but they can only do it every 3 years. And 2nd he took a different job this year because of the company benefits they offered. He makes less an hour but works more overtimeand ends up making more income. And from what I've researched they include all income even overtime.

There is still 6,000 in back CS. What I was trying to explain was: if his back cs's interest could be stopped and considered for the time he was in jail his back cs would be nearly paid off. But every year isn't not paid in full in gains interest so it's like a never ending loop. Which affects his credit, and someday we'd like to buy a house. Thats y I said I think its better to get a loan and pay the back cs in full and pay the bank back and get a good credit rating.