Texas CS arrears

[lovemygirls2]

Texas

I have been reading here for a couple of years mostly just to learn. However, I do have a question. Does anyone know if criminal non-support charges are able to be brought against someone who refuses to pay their support in Texas?

My ex is over $20,000.00 in arrears and refuses to get a job that he receives a legitimate paycheck for, because then he would have child support garnished from his check.

I was curious about this because the information that I have found seems to be that criminal non-support is for someone who flees the state to avoid paying.

My ex lives less than 30 minutes away, has visitation supervised by his mother because of drug/alcohol addictions, but he does have visitation. EOW, etc., so he definitely has not fled the state.

I work more than 1 job, sometimes up to 2 extra part time jobs, to support my children and they are the light of my life, but as they get older they also get more expensive. Ex was only ordered to pay based on minimum wage because he wasn't working when I divorced him, approximately 1 year after we separated.

I have tried for years to get the OAG to help, because frankly with all of my other bills, I certainly can't afford to hire someone to help me with this, but seriously, they never do more than send these nice letters requesting that he please help support his kids... LOL

I have never wanted to have him put in jail because he is my children's father, but I really want to make him understand that he needs to help support them.

Any other ideas are welcome also.

Thanks in advance
lovemygirls2

 

[MrsK]

Texas

I have been reading here for a couple of years mostly just to learn. However, I do have a question. Does anyone know if criminal non-support charges are able to be brought against someone who refuses to pay their support in Texas?

My ex is over $20,000.00 in arrears and refuses to get a job that he receives a legitimate paycheck for, because then he would have child support garnished from his check.

I was curious about this because the information that I have found seems to be that criminal non-support is for someone who flees the state to avoid paying.

My ex lives less than 30 minutes away, has visitation supervised by his mother because of drug/alcohol addictions, but he does have visitation. EOW, etc., so he definitely has not fled the state.

I work more than 1 job, sometimes up to 2 extra part time jobs, to support my children and they are the light of my life, but as they get older they also get more expensive. Ex was only ordered to pay based on minimum wage because he wasn't working when I divorced him, approximately 1 year after we separated.

I have tried for years to get the OAG to help, because frankly with all of my other bills, I certainly can't afford to hire someone to help me with this, but seriously, they never do more than send these nice letters requesting that he please help support his kids... LOL

I have never wanted to have him put in jail because he is my children's father, but I really want to make him understand that he needs to help support them.

Any other ideas are welcome also.

Thanks in advance
lovemygirls2

I think there is an organization called "Support Kids" who I think I've heard get good results. They DO take 30% of what they collect but if he's 20k in arrears & not paying, its better than nothing I'd suppose.

 

[ceara19]

The DA in your county would be the one to actually press charges for criminal non-support. Since the OAG has not seen fit to request the DA to persue charges, you my want to call them up yourself.

 

[Tinaa]

My ex, a couple of years ago, went to jail for criminal non-support charges. He was paid a $2000 purge (10%) and was put on probation. This was after a couple of years of hearings every three months. I found out that the OAG does not send out letters unless you call them. They only act if he is over three months behind and then it can take six months or more to get a hearing scheduled. Start this month calling them to have them send out a notice letter. On the fourth month, ask that they start legal action.

My ex skipped all last year paying CS. I had to repeat the process above, again. He did not go to jail this time, he got a job! Perhaps jail one time did the trick. The judge was not happy last time we went before him.

I did get faster service (this time), after the three month wait, by writing my state and national congresspeople. They an put pressure on the OAG.

I've been going to hearings for the last five+ years. The wheels of justice turn very slow.

 

[lovemygirls2]

Yep. Slow is not even the word... My divorce was final over 10 years ago. I have received what amounts to 1 year of CS in that time. And nothing for the last 3 years. Absolutely nothing.

I am tired of doing it alone. I have done everything in my power to get him to understand that he needs to help support our kids. I have never been anything but civil to him. Heck I am more than civil. I honestly cannot stand him, but I put a smile on my face and pretend that everything is ok everytime I have to come into contact with him. All I am asking is that he pay that very minimal amount to help support the kids.

So, I guess I just keep calling and emailing the OAG and hope for something to give at some point? Both dd's need braces and at least I would be able to afford the braces if I got any kind of help with supporting the children. My oldest just turned 13... My youngest is about to be 12. Both girls... You know they are expensive... LOL

Thanks
lovemygirls2

 

[ceara19]

The OAG is not the one that prosecutes criminal non-payment cases. It is the District Attorney's office. The OAG is normally the one to request prosecution from the DA, but the CP can go to the DA themselves. Depending on the OAG to actually DO anything is about as useful and fast as watching paint dry.

 

[betterthanher]

I think there is an organization called "Support Kids" who I think I've heard get good results. They DO take 30% of what they collect but if he's 20k in arrears & not paying, its better than nothing I'd suppose.

This is the WORST direction the OP can go. These organizations are simply collection agencies and they don't have as much authority as the state would. At this point, the OP's ex could be brought up on FELONY charges.

Also, if the OP were to go with one of these collection agencies, it officially becomes a debt and can be liquidated/wiped out in bankruptcy proceedings.

 

[betterthanher]

Yep. Slow is not even the word... My divorce was final over 10 years ago. I have received what amounts to 1 year of CS in that time. And nothing for the last 3 years. Absolutely nothing.

I am tired of doing it alone. I have done everything in my power to get him to understand that he needs to help support our kids. I have never been anything but civil to him. Heck I am more than civil. I honestly cannot stand him, but I put a smile on my face and pretend that everything is ok everytime I have to come into contact with him. All I am asking is that he pay that very minimal amount to help support the kids.

So, I guess I just keep calling and emailing the OAG and hope for something to give at some point? Both dd's need braces and at least I would be able to afford the braces if I got any kind of help with supporting the children. My oldest just turned 13... My youngest is about to be 12. Both girls... You know they are expensive... LOL

Thanks
lovemygirls2

Have you even filed show cause for contempt charges against him in court?? While you'll have to pay the filing fee, you can simply request that your ex pay all of your filing and attorney fees (but you don't need an attorney to file this). Bring all of the evidence that is has not paid support.

The Judge (most likely) will order him to pay a purge or go to jail because he is soooo far behind and like I said in a prior post, it would be considered felony non-support because it's over $5,000. If he doesn't show up, then a warrant for his arrest will be issued. I am not sure how that would really play out, but I would assume it would carry more weight because of his arrearage.

 

[ceara19]

Have you even filed show cause for contempt charges against him in court?? While you'll have to pay the filing fee, you can simply request that your ex pay all of your filing and attorney fees (but you don't need an attorney to file this). Bring all of the evidence that is has not paid support.

The Judge (most likely) will order him to pay a purge or go to jail because he is soooo far behind and like I said in a prior post, it would be considered felony non-support because it's over $5,000. If he doesn't show up, then a warrant for his arrest will be issued. I am not sure how that would really play out, but I would assume it would carry more weight because of his arrearage.

I think the OP is under the impression that she has to wait for the OAG to take action and that's not true AT ALL. She can take matters into her own hand eitherthrough contempt proceedings or going to the DA to see about criminal non-payment charges. It can proceed WITHOUT the cooperation of the OAG. If you initiate charges without them and notify them as to what actions you are taking, the will likely jump on the bandwagon and assist in taking action rather than be left to explain to the court why they have yet to do anything to enforce the CS order.

 

[lovemygirls2]

Ok, that is really what I needed to know. I have to make a decision on how to handle everything. I worry about him going off and saying things to the kids. I have always kept them out of things, but when he is wasted he will say just about anything to hurt whoever, thinking it will make them look bad.

I am going to see about contacting the DAs office first I guess. It is really hard when you are trying to do everything yourself. It is hard to justify taking off of work to handle these kinds of things when you have no idea if there will actually be any results that might make a difference.

If I can get him to start making CS payments and paying something, anything, on the arrears, it will make it where I can do the things for my kids that need to be done.

Sometimes I think there are NCPs who think that everything is ok. The kids have a roof over their head, food to eat, clothes on their backs. They go to school and have everything they need for that. What is the big deal?

The big deal is that kids need more than that. They have needs more than just the basics. I am providing all the basics and then some, but there is no more for other things that they really do need, but I can't afford to do because I am doing the rest on my own.

Anyway, no more venting for now. I have to take some kind of action. Inaction certainly isn't getting me anywhere.

Thanks for the advice
lovemygirls2

 

[ceara19]

When you talk to the DA, be sure to ask them to include an order prohibiting him from discussing the matter with or around the children if they do take the matter to court.

 

[lovemygirls2]

Update

I know this is an old post, but I am posting an update...

Since this post, I sent some emails to some more influential people. Amazingly, I had a return call from the AGs office the very next day ;-)

It has been a year and a half, since that post, but we have had 3 court hearings this year. The judge has not been happy with the results and at our last hearing, last week, ordered my ex to show up on Monday morning with the $1,000.00 that he had told the judge he would make by finishing a job that day if he didn't put him in jail. Well, guess what. There was a deposit in my account this morning!

This year, back to school shopping is going to be much less stressful than it has ever been. I am not holding my breath that he will suddenly step up and pay every month. But he is very aware now that he is being watched and the judge is requiring him to show up next month with a receipt showing another payment.

Anyway, sometimes perseverance really does work

 

[jbowman]

I am so happy for you!! That is great news. Stick to it! Yay for new clothes!!

 

[Silverplum]

Congratulations!!
Thanks for coming back to post the update -- and for even doing it in your original thread...wow!

 

[jbowman]

wow, Silver and Jbow are so nice.