Child Support-Deadbeat Dad

[dlobb]

What is the name of your state?Texas


What are the Laws on the child support back pay. Ive been divorced for 14 yrs. He went self employed, and said he would never pay me a dime. Went to the attorney generals office several times. They kept saying they will get on it. ( Never did) My kids are grown now and I just got my first check of 500.00 in July 2004. I went to the attorney office they looked at my account and said oh my no one ever touched you case. We now have a court date this year. He hired a attorney, do I need to get one also and how am I going to get all the back support, what I understand they cannot be put in jail now.

--------------------------------------------------------------------------------

 

[nextwife]

What is the name of your state?Texas


What are the Laws on the child support back pay. Ive been divorced for 14 yrs. He went self employed, and said he would never pay me a dime. Went to the attorney generals office several times. They kept saying they will get on it. ( Never did) My kids are grown now and I just got my first check of 500.00 in July 2004. I went to the attorney office they looked at my account and said oh my no one ever touched you case. We now have a court date this year. He hired a attorney, do I need to get one also and how am I going to get all the back support, what I understand they cannot be put in jail now.

--------------------------------------------------------------------------------

AS with any old collection issue, the problem for you at this point is not establishing that it is owed to you, it is collecting on the debt.

So, IF he has access to money, has savings or assets in his name, you may indeed be able to collect. If he has garnishable wages, you may be able to collect over itime. If he gets tax refunds, you may be able to intercept.

AS to jail, while it is possible, I have been reading some recent articles that suggest that budget-strapped cities/counties are despirately trying to NOT take up jail space with non-violent offenders when they have a bed shortage and instead push for monitored home stays.

 

[Phnx02]

What is the name of your state?Texas


What are the Laws on the child support back pay. Ive been divorced for 14 yrs. He went self employed, and said he would never pay me a dime. Went to the attorney generals office several times. They kept saying they will get on it. ( Never did) My kids are grown now and I just got my first check of 500.00 in July 2004. I went to the attorney office they looked at my account and said oh my no one ever touched you case. We now have a court date this year. He hired a attorney, do I need to get one also and how am I going to get all the back support, what I understand they cannot be put in jail now.

--------------------------------------------------------------------------------

Since your children are now grown and the original CS order is so old, it is very important for you to know your state's Statute of Limitations to continue collection efforts. A child support order is valid and enforceable until the debt is paid in full......whether or not the children have reached age of emancipation. However, once your children have reached age of emancipation, the state has no further recourse or obligation to collect on your behalf. What you must do at this point is file for a judgement agaisnt the arrears, against your ex......making him legally responsible for this debt until it's paid in full. Your state's SOL will tell you how long you have to file such a judgement. Generally, it is anywhere between 2-10 years from either the last date of arrears or from the date of emancipation of your last child together.

Just because your ex has managed to get out of paying CS until the child(ren) reached 18, does NOT forgive him of this debt. He is still legally responsible for paying this debt in full.....until he dies. But, you must file for a continuance to keep it active and enforceable.

 

[dlobb]

Child Support

Thank you very much for your response. that helps alot I have a court date Feb 7th . The attorney General called me to tell me he had a attorney. Do I need to get one or can I do this on my own

dlobb

 

[VeronicaGia]

What is the name of your state?Texas


What are the Laws on the child support back pay. Ive been divorced for 14 yrs. He went self employed, and said he would never pay me a dime. Went to the attorney generals office several times. They kept saying they will get on it. ( Never did) My kids are grown now and I just got my first check of 500.00 in July 2004. I went to the attorney office they looked at my account and said oh my no one ever touched you case. We now have a court date this year. He hired a attorney, do I need to get one also and how am I going to get all the back support, what I understand they cannot be put in jail now.

--------------------------------------------------------------------------------

So did you ever have an order or not? I'm confused. If you have a court order, it is not back support, it is considered arrears. If you never had an order, this could pose many problems.

 

[dlobb]

Yes there was a order 13 yrs ago. The attorney general just found his bank account which only had 500.00 in it . They took it mailed it to me .....Then I went to talk to them about all of it. They said ( oh my ! No one ever touched your account until July 2004 .. The man said there that the only way I would get someones attention is file a complaint with attorney generals office which i did not I have a court date in feburary

Dlobb

 

[VeronicaGia]

If he gets a good attorney, he could claim Laches as a defense. Do a google search on the Doctrine of Laches.

What it basically boils down to is your order is 13 years old, you haven't done anything to enforce the order as you should have and he now shouldn't be held to such an old order. Sometimes it works, sometimes not.