patsystone
Junior Member
What is the name of your state (only U.S. law)? TEXAS
Apologies in advance for the length...
Have 2 children ages 21 and 12 whose father is currently in arrears of more than $57000. Have been fighting an uphill battle through the OAG for twenty years. Their father is a state licensed electrician who has spent the majority of the past 2 decades working as an "independent contractor" off the books, getting paid in cash and not paying his child support. He is not legally married to his current "wife" who he has lived with for over 12 years and with whom he has 3 children. All bank accounts, vehicles, assets and anything of value to which a lien could be placed is in her name only so therefore, off limits.
I spent all of 2014 trying to get the OAG to enforce the last order from 2006 and never got anywhere, as they had to utilize all the "Administrative Processes" available before filing a court action. His Electrician's License was up for renewal in Sept. 2014 and I had spent the 3 months prior trying to get the OAG to suspend his ability to renew it due to the arrears. A week before the renewal, he made a $16 payment, which the OAG felt was apparently sufficient for them to stop all suspension processes (if they had even begun them, as I was told).
We have been going around and around with this for far too long and he's got the game down. He has even gone so far as to tell me to my face that he has no intention of ever paying support and he knows that as long as he pays as little as $5 (which he has) the OAG will take it and stay off his back (which they have). It has worked all too well for him much to the detriment of my children and their lives as they have grown and gone without. Don't even get me started on the OAG saying I can go after his Social Security. He has to pay enough into it in the first place to even qualify to draw on it, (in another 25 years) and if he hasn't filed his IRS tax returns in 10 years because they intercepted his refund in 2005 for child support, I seriously doubt he'll file for SS just for it to go to anyone but him.
I eventually got fed up enough that this past January I sent a blast email to every elected official in my city, county, and state I could find. Got one State Senator to respond and upon his office's inquiry, magically and almost instantly I had an enforcement action filed and a court date set.
Went to the hearing that was on April 6th and Deadbeat showed up with his daddy (retired corporate exec who more than has the means to pay whatever necessary to keep his kid out of jail, mind you his son is now in 40's) and a private attorney paid for by said daddy. The private attorney requested the hearing be reset and said Deadbeat would make a $500 payment toward arrears that day (less than 1% of what's owed), make his weekly support payments until the next hearing and pay an additional $500 prior to the reset hearing on May 18th.
It has now been 30 days since that hearing and aside from the $500 he paid in court on April 6th, he has not paid another dime. Obviously he can afford an attorney and I can not.
He has gotten away with this so long that he knows he will face no punishment and get away with this yet again. The only way he will understand and believe in the gravity of his criminal non-support is if he actually faces jail time and to be honest, that's the only way I believe my kids will ever see any sort of support for my children.
I am just asking that someone familiar with Texas Family Law, specifically Tarrant County, for my best argument to persuade the judge that this should be the end.
He should be forced to pay or go to jail. No further argument should be necessary, but I'm scared he's going to get away with this again, especially since I'm going into this pro se and obviously no financial means for an attorney to represent me or my kids.
Thank you very much in advance for any advice.
Apologies in advance for the length...
Have 2 children ages 21 and 12 whose father is currently in arrears of more than $57000. Have been fighting an uphill battle through the OAG for twenty years. Their father is a state licensed electrician who has spent the majority of the past 2 decades working as an "independent contractor" off the books, getting paid in cash and not paying his child support. He is not legally married to his current "wife" who he has lived with for over 12 years and with whom he has 3 children. All bank accounts, vehicles, assets and anything of value to which a lien could be placed is in her name only so therefore, off limits.
I spent all of 2014 trying to get the OAG to enforce the last order from 2006 and never got anywhere, as they had to utilize all the "Administrative Processes" available before filing a court action. His Electrician's License was up for renewal in Sept. 2014 and I had spent the 3 months prior trying to get the OAG to suspend his ability to renew it due to the arrears. A week before the renewal, he made a $16 payment, which the OAG felt was apparently sufficient for them to stop all suspension processes (if they had even begun them, as I was told).
We have been going around and around with this for far too long and he's got the game down. He has even gone so far as to tell me to my face that he has no intention of ever paying support and he knows that as long as he pays as little as $5 (which he has) the OAG will take it and stay off his back (which they have). It has worked all too well for him much to the detriment of my children and their lives as they have grown and gone without. Don't even get me started on the OAG saying I can go after his Social Security. He has to pay enough into it in the first place to even qualify to draw on it, (in another 25 years) and if he hasn't filed his IRS tax returns in 10 years because they intercepted his refund in 2005 for child support, I seriously doubt he'll file for SS just for it to go to anyone but him.
I eventually got fed up enough that this past January I sent a blast email to every elected official in my city, county, and state I could find. Got one State Senator to respond and upon his office's inquiry, magically and almost instantly I had an enforcement action filed and a court date set.
Went to the hearing that was on April 6th and Deadbeat showed up with his daddy (retired corporate exec who more than has the means to pay whatever necessary to keep his kid out of jail, mind you his son is now in 40's) and a private attorney paid for by said daddy. The private attorney requested the hearing be reset and said Deadbeat would make a $500 payment toward arrears that day (less than 1% of what's owed), make his weekly support payments until the next hearing and pay an additional $500 prior to the reset hearing on May 18th.
It has now been 30 days since that hearing and aside from the $500 he paid in court on April 6th, he has not paid another dime. Obviously he can afford an attorney and I can not.
He has gotten away with this so long that he knows he will face no punishment and get away with this yet again. The only way he will understand and believe in the gravity of his criminal non-support is if he actually faces jail time and to be honest, that's the only way I believe my kids will ever see any sort of support for my children.
I am just asking that someone familiar with Texas Family Law, specifically Tarrant County, for my best argument to persuade the judge that this should be the end.
He should be forced to pay or go to jail. No further argument should be necessary, but I'm scared he's going to get away with this again, especially since I'm going into this pro se and obviously no financial means for an attorney to represent me or my kids.
Thank you very much in advance for any advice.
