dodging child support/jailtime

[WilsonMom]

What is the name of your state (only U.S. law)? TX
my fiance/common law husband's ex is non-custodial parent of their three elementary-aged children. their mother has been found guilty of contempt of court on four counts for non-payment of child-support. she is ordered to turn herself in and be placed in our county jail for 2 years on December 9th of this year. since she has been on probation x 2 and this is a violation, she is assumed to be going for another 2 years.
now she is claiming to be taking him to court for either more visitation (she gets them the typical 1st, 3rd, and 5th weekend and every thursday night from 6-8pm during the school year) or for custody.
I feel this is a way for her to dodge paying her child support in arrears, as well as the modification of child support for her increase in income. she is still basically not paying child support, although she has made payments totalling about $80 in the two months since the last hearing. The last payment was a total of $5.80.
We were also informed that she has been working a second job, and has avoided informing attny gen/courts of such as a way to deter them. i'm not sure if that's possible.
keep in mind my fiance had only asked for $100/mo + medical in final decree, and it was the attny gen that wants to increase the support.
Is there any possible way that she could get out of going to jail, and is there any way that she can have more visitation than she is already entitled to.
she is remarried and cannot/does not have any other children.
my fiance and i have a 20 month old son together being raised in the home with his three siblings, and it's extremely hard for all of the children being separated for even every other weekend. we do as the court tells us to.
not sure if i'm asking correctly. i'm very new at this.

[Gracie3787]

Originally Posted by WilsonMom

What is the name of your state (only U.S. law)? TX
my fiance/common law husband's ex is non-custodial parent of their three elementary-aged children. their mother has been found guilty of contempt of court on four counts for non-payment of child-support. she is ordered to turn herself in and be placed in our county jail for 2 years on December 9th of this year. since she has been on probation x 2 and this is a violation, she is assumed to be going for another 2 years.
now she is claiming to be taking him to court for either more visitation (she gets them the typical 1st, 3rd, and 5th weekend and every thursday night from 6-8pm during the school year) or for custody.
I feel this is a way for her to dodge paying her child support in arrears, as well as the modification of child support for her increase in income. she is still basically not paying child support, although she has made payments totalling about $80 in the two months since the last hearing. The last payment was a total of $5.80.
We were also informed that she has been working a second job, and has avoided informing attny gen/courts of such as a way to deter them. i'm not sure if that's possible.
keep in mind my fiance had only asked for $100/mo + medical in final decree, and it was the attny gen that wants to increase the support.
Is there any possible way that she could get out of going to jail, and is there any way that she can have more visitation than she is already entitled to.
she is remarried and cannot/does not have any other children.
my fiance and i have a 20 month old son together being raised in the home with his three siblings, and it's extremely hard for all of the children being separated for even every other weekend. we do as the court tells us to.
not sure if i'm asking correctly. i'm very new at this.

It is not unusual for a non paying NCP to threaten to go to court for custody/visitation when enforcement action is taken for CS arrears.

Has she actually filed yet?
If not, don't worry about her threats. If she does file, it's very doubtful that she would be able to get more visitation, especially when she will be in jail. The likleyhood of her gaining custody is virtually nil.