Can he do this?

[3yr Nightmare]

What is the name of your state (only U.S. law)? Texas

Going through divorce proceedings and have a 1 year old baby. My soon to be ex has never paid any support for our son, never visited, or helped with any medical bills during pregnancy or birth. Well my ex was told by his attorney what the child support for my son was going to be granted as he had a good paying job in the oil field business (office manager) but was coincidentally laid off two weeks later. He is now collecting unemployment and wants to pay the minimum support allowed and not pay for any medical support. He also told me that he is going back to school to get his degree so not worry about getting anything more and maybe I should find a better paying job. Can he get away with this?? This man has paid about $1,500 total in my childs first year (when he feels like providing) and seems so unfair that I am the only one that has to worry whether my child eats, has diapers, child care and gets medical attention.

 

[Proserpina]

What is the name of your state (only U.S. law)? Texas

Going through divorce proceedings and have a 1 year old baby. My soon to be ex has never paid any support for our son, never visited, or helped with any medical bills during pregnancy or birth. Well my ex was told by his attorney what the child support for my son was going to be granted as he had a good paying job in the oil field business (office manager) but was coincidentally laid off two weeks later. He is now collecting unemployment and wants to pay the minimum support allowed and not pay for any medical support. He also told me that he is going back to school to get his degree so not worry about getting anything more and maybe I should find a better paying job. Can he get away with this?? This man has paid about $1,500 total in my childs first year (when he feels like providing) and seems so unfair that I am the only one that has to worry whether my child eats, has diapers, child care and gets medical attention.

Given that he apparently has no order to pay, you've actually been fairly lucky in that he paid you anything at all.

You can ask that he is imputed a wage equal to what he's capable of earning, seeing as he's voluntarily reducing his income.

 

[3yr Nightmare]

Given that he apparently has no order to pay, you've actually been fairly lucky in that he paid you anything at all.

You can ask that he is imputed a wage equal to what he's capable of earning, seeing as he's voluntarily reducing his income.

O there are temporary orders in place for spousal support and half of all medical bills totaling about $5k that were in place prior to birth of the baby. He just has paid what he has felt like paying granted he was employed up until about 2 months ago.

 

[Proserpina]

O there are temporary orders in place for spousal support and half of all medical bills totaling about $5k that were in place prior to birth of the baby. He just has paid what he has felt like paying granted he was employed up until about 2 months ago.

Do you have an attorney, Mom? Because I get the distinct feeling he's going to be difficult at least in the short term.

You need to get a permanent order, and you need to ask the court to impute him a wage equal to what he's capable of earning and/or what he was earning before he recently became voluntarily unemployed. You also need to ask the court to find him in contempt for not paying what he's already been ordered to pay.