Enforcement, Contempt, Jail

[Zigner]

Then I will ask those questions myself in the presence of the judge.

Expect the opposing attorney to object to every question.

As to his father (or whomever) paying for his attorney, that should be a consideration for the judge if he attempts to use the defense that he had no means to borrow or otherwise obtain the funds to pay his support as per the Texas Family Code. Obviously there are funds at his disposal from some source.

You don't understand how it works. It's not the responsibility of others to loan or gift him money to pay support.

 

[patsystone]

Expect the opposing attorney to object to every question.

You don't understand how it works. It's not the responsibility of others to loan or gift him money to pay support.

TEXAS FAMILY CODE
SEC 157.008
(c) An obligor may plead as an affirmative defense to an allegation of contempt or of the violation of a condition of community service requiring payment of child support that the obligor:

(1) lacked the ability to provide support in the amount ordered;

(2) lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;

(3) attempted unsuccessfully to borrow the funds needed; and

(4) knew of no source from which the money could have been borrowed or legally obtained.

I would believe family funds would quash that defense...

 

[Zigner]

TEXAS FAMILY CODE
SEC 157.008
(c) An obligor may plead as an affirmative defense to an allegation of contempt or of the violation of a condition of community service requiring payment of child support that the obligor:

(1) lacked the ability to provide support in the amount ordered;

(2) lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;

(3) attempted unsuccessfully to borrow the funds needed; and

(4) knew of no source from which the money could have been borrowed or legally obtained.

I would believe family funds would quash that defense...

Sheesh - you really don't get it. You can't FORCE someone to loan him money.

 

[patsystone]

Sheesh - you really don't get it. You can't FORCE someone to loan him money.

Of course not. However, I don't see either his parent or spouse allowing him to sit in jail for 6 months if they have the means to get him out, which I have been saying all along that they do.

If there are the means to provide an attorney to try and keep him out of jail at this point, that if the time came, I feel pretty confident that they will come up with whatever necessary. And obviously, by providing the attorney there is already a debt owed to whomever has paid the retainer, so yes, there is someone out there willing to pony up money to save his a** as long as my kids continue to get the short end of the stick.

 

[Zigner]

Of course not. However, I don't see either his parent or spouse allowing him to sit in jail for 6 months if they have the means to get him out, which I have been saying all along that they do.

He's not GOING to jail if shows that HE doesn't have the means to pay.

If there are the means to provide an attorney to try and keep him out of jail at this point, that if the time came, I feel pretty confident that they will come up with whatever necessary. And obviously, by providing the attorney there is already a debt owed to whomever has paid the retainer, so yes, there is someone out there willing to pony up money to save his a** as long as my kids continue to get the short end of the stick.

But you can't FORCE them to loan...oh never mind. Good luck in court...you'll need it.

 

[Silverplum]

I think this will go badly for OP. She's reading with an agenda and twisting words to meet said agenda.

 

[TheGeekess]

If OP is working with the OAG office, they should have an attorney there to represent the state's interests. She should give whatever information she has to the state attorney and let them deal with it.

 

[CSO286]

TEXAS FAMILY CODE
SEC 157.008
(c) An obligor may plead as an affirmative defense to an allegation of contempt or of the violation of a condition of community service requiring payment of child support that the obligor:

(1) lacked the ability to provide support in the amount ordered;

(2) lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;

(3) attempted unsuccessfully to borrow the funds needed; and

(4) knew of no source from which the money could have been borrowed or legally obtained.

I would believe family funds would quash that defense...

You would be wrong.

He can't be forced to borrow the money because no family member or his live-in sort of wife can be court ordered to pay his debt for him.

You keep missing that.

 

[single317dad]

A mistake of an attempted reconciliation. His stuff was on the curb as soon as I found out the woman who is his current "wife" was pregnant. 3 days later, I found out I was as well.

The reconciliation was the mistake, not my daughter.

At the time of my daughter's birth he owed $32000.

All that is not going to play well for you, as you've already learned. Sometimes we make poor decisions that come back to haunt us. It's not right, legal, or fair that he hasn't paid you the support he owes.

I also wish you the best. As yet another parent who has never received one dime of ordered support, we can fight the good fight and hope for the best, but prepare for the worst.

You're probably going to find that the OAG will be less and less helpful as the children age out of (current) support. Collecting arrears after the kids are adults is still possible, but will almost certainly require an attorney.

 

[SESmama]

All that is not going to play well for you, as you've already learned. Sometimes we make poor decisions that come back to haunt us. It's not right, legal, or fair that he hasn't paid you the support he owes.

My situation about every 3 years. And soon to be again. Le sigh

But the best advise can be repeated. Learn to live without the CS and when it does come in go out and get a massage

 

[Ladyback1]

But the best advise can be repeated. Learn to live without the CS and when it does come in go out and get a massage

Best advice ever!

 

[Grrrr1126]

Federal Warrant

I would like information on how to obtain a federal warrant for child support. My ex is in Germany and the only way to enforce a US child support order iin Germany is if a Ferderal arrest warrant is issued and served by the US Marshalls Office. I am havinga difficult time finding information on how to obtain the warrant.

A few facts;
1. Has never made a payment in 5 years
2. Has a job and therefore has the means to pay

Any leads would be greatly appreciated.

Thank you.

 

[TheGeekess]

I would like information on how to obtain a federal warrant for child support. My ex is in Germany and the only way to enforce a US child support order iin Germany is if a Ferderal arrest warrant is issued and served by the US Marshalls Office. I am havinga difficult time finding information on how to obtain the warrant.

A few facts;
1. Has never made a payment in 5 years
2. Has a job and therefore has the means to pay

Any leads would be greatly appreciated.

Thank you.

Please start your own thread, and answer the question, "What US State?".

 

[Grrrr1126]

Please start your own thread, and answer the question, "What US State?".

New thread has been started. Thank you