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Ex husband in arrears and not paying like he should

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VIVALADOMO

Junior Member
What is the name of your state (only U.S. law)? TEXAS

CURRENTLY MY EX HUSBAND IS IN ARREARS OF 31000.00 IN CHILD SUPPORT, I TOOK HIM BACK TO COURT A FEW YEARS AGO AND HE WAS PLACED ON PROBATION FOR 10 YEARS. HE SPORADICALLY PAYS HIS CHILD SUPPORT MAYBE SOMETIMES SENDING THE FULL AMOUNT SOMETIMES SENDING AT THE VERY LEAST OF 29.00 I NEED TO KNOW WHAT CAN I DO LEGALLY AS HE IS NOT FOLLOWING THE AGREEMENT WHICH WAS ESTABLISHED BY THE COURT. I DONT KNOW IF I AM GOING TO HAVE TO CONSULT WITH AN ATTORNEY OR IF IM ABLE TO DO THIS BY MYSELF. PLEASE GIVE ME SOME ADVICE AS I AM TIRED OF THE CONSTANT EXCUSES HE GIVES ME AND I NEED ACTION. HE IS LEGALLY MARRIED AND AVOIDS FILING TAX RETURNS SO THAT I DO NOT GET HIS REFUND. HIS WIFE WORKS FULL TIME ALSO DOES SHE HAVE SOME LEGAL OBLIGATION TO PAY ON HIS CHILD SUPPORT SINCE THEY ARE MARRIED? CAN I HAVE HER WAGES GARNISHED? WHAT ALL CAN I DO? I APPRECIATE ANY ANSWERS. PLEASE KNOW THAT I HAVE WORKED TWO JOBS TAKING CARE OF MY CHILD AND ALSO PUTTING MY CHILD THROUGH COLLEGE WHICH IS VERY COSTLY. I JUST WANT HELP WHERE ITS DUE AND WHERE I DESERVE IT.
 
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sandyclaus

Senior Member
What is the name of your state (only U.S. law)? TEXAS

CURRENTLY MY EX HUSBAND IS IN ARREARS OF 31000.00 IN CHILD SUPPORT, I TOOK HIM BACK TO COURT A FEW YEARS AGO AND HE WAS PLACED ON PROBATION FOR 10 YEARS. HE SPORADICALLY PAYS HIS CHILD SUPPORT MAYBE SOMETIMES SENDING THE FULL AMOUNT SOMETIMES SENDING AT THE VERY LEAST OF 29.00 I NEED TO KNOW WHAT CAN I DO LEGALLY AS HE IS NOT FOLLOWING THE AGREEMENT WHICH WAS ESTABLISHED BY THE COURT. I DONT KNOW IF I AM GOING TO HAVE TO CONSULT WITH AN ATTORNEY OR IF IM ABLE TO DO THIS BY MYSELF. PLEASE GIVE ME SOME ADVICE AS I AM TIRED OF THE CONSTANT EXCUSES HE GIVES ME AND I NEED ACTION. HE IS LEGALLY MARRIED AND AVOIDS FILING TAX RETURNS SO THAT I DO NOT GET HIS REFUND. HIS WIFE WORKS FULL TIME ALSO DOES SHE HAVE SOME LEGAL OBLIGATION TO PAY ON HIS CHILD SUPPORT SINCE THEY ARE MARRIED? CAN I HAVE HER WAGES GARNISHED? WHAT ALL CAN I DO? I APPRECIATE ANY ANSWERS. PLEASE KNOW THAT I HAVE WORKED TWO JOBS TAKING CARE OF MY CHILD AND ALSO PUTTING MY CHILD THROUGH COLLEGE WHICH IS VERY COSTLY. I JUST WANT HELP WHERE ITS DUE AND WHERE I DESERVE IT.
You can start by NOT typing in ALL CAPS. Very poor netiquette, as it's considered YELLING and very rude.

As for the father's apparently deliberate avoidance of his child support obligation, the fact that you have NOT taken him back to court while allowing those arrears to continue accruing speaks volumes. No one can force him to pay unless you actually take him to court, have him found in contempt, and have the judge take the appropriate action against him to enforce the support order. Until then, he will continue to give you excuses because you are allowing it to happen.

You cannot force the man's current wife to take on his child support obligation for children that are not hers. Her income is completely separate. Only HIS income can be used to satisfy his obligation.

Take him back to court. He was placed on probation, most likely in lieu of jailing him for failure to support his kids. Perhaps it's time that he actually GOES to jail over this.

You obviously haven't done so well on your own, so I would definitely recommend hiring a very aggressive attorney to get this thing taken care of. Ask the court to order your husband to pay for your costs and attorney fees. Hold him accountable for his actions.
 

TinkerBelleLuvr

Senior Member
What is the name of your state (only U.S. law)? TEXAS

CURRENTLY MY EX HUSBAND IS IN ARREARS OF 31000.00 IN CHILD SUPPORT, I TOOK HIM BACK TO COURT A FEW YEARS AGO AND HE WAS PLACED ON PROBATION FOR 10 YEARS. HE SPORADICALLY PAYS HIS CHILD SUPPORT MAYBE SOMETIMES SENDING THE FULL AMOUNT SOMETIMES SENDING AT THE VERY LEAST OF 29.00 I NEED TO KNOW WHAT CAN I DO LEGALLY AS HE IS NOT FOLLOWING THE AGREEMENT WHICH WAS ESTABLISHED BY THE COURT. I DONT KNOW IF I AM GOING TO HAVE TO CONSULT WITH AN ATTORNEY OR IF IM ABLE TO DO THIS BY MYSELF. PLEASE GIVE ME SOME ADVICE AS I AM TIRED OF THE CONSTANT EXCUSES HE GIVES ME AND I NEED ACTION. HE IS LEGALLY MARRIED AND AVOIDS FILING TAX RETURNS SO THAT I DO NOT GET HIS REFUND. HIS WIFE WORKS FULL TIME ALSO DOES SHE HAVE SOME LEGAL OBLIGATION TO PAY ON HIS CHILD SUPPORT SINCE THEY ARE MARRIED? CAN I HAVE HER WAGES GARNISHED? WHAT ALL CAN I DO? I APPRECIATE ANY ANSWERS. PLEASE KNOW THAT I HAVE WORKED TWO JOBS TAKING CARE OF MY CHILD AND ALSO PUTTING MY CHILD THROUGH COLLEGE WHICH IS VERY COSTLY. I JUST WANT HELP WHERE ITS DUE AND WHERE I DESERVE IT.
Your X's spouse is NOT obligated to pay the support. Period. End of story.

Is he self-employed? Employed by someone who gives a w-2 at the end of the year?
 

Ladyback1

Senior Member
What is the name of your state (only U.S. law)? TEXAS

CURRENTLY MY EX HUSBAND IS IN ARREARS OF 31000.00 IN CHILD SUPPORT, I TOOK HIM BACK TO COURT A FEW YEARS AGO AND HE WAS PLACED ON PROBATION FOR 10 YEARS. HE SPORADICALLY PAYS HIS CHILD SUPPORT MAYBE SOMETIMES SENDING THE FULL AMOUNT SOMETIMES SENDING AT THE VERY LEAST OF 29.00 I NEED TO KNOW WHAT CAN I DO LEGALLY AS HE IS NOT FOLLOWING THE AGREEMENT WHICH WAS ESTABLISHED BY THE COURT. I DONT KNOW IF I AM GOING TO HAVE TO CONSULT WITH AN ATTORNEY OR IF IM ABLE TO DO THIS BY MYSELF. PLEASE GIVE ME SOME ADVICE AS I AM TIRED OF THE CONSTANT EXCUSES HE GIVES ME AND I NEED ACTION. HE IS LEGALLY MARRIED AND AVOIDS FILING TAX RETURNS SO THAT I DO NOT GET HIS REFUND. HIS WIFE WORKS FULL TIME ALSO DOES SHE HAVE SOME LEGAL OBLIGATION TO PAY ON HIS CHILD SUPPORT SINCE THEY ARE MARRIED? CAN I HAVE HER WAGES GARNISHED? WHAT ALL CAN I DO? I APPRECIATE ANY ANSWERS. PLEASE KNOW THAT I HAVE WORKED TWO JOBS TAKING CARE OF MY CHILD AND ALSO PUTTING MY CHILD THROUGH COLLEGE WHICH IS VERY COSTLY. I JUST WANT HELP WHERE ITS DUE AND WHERE I DESERVE IT.
Did you go through the state child support enforcement agency? If so, why haven't they done anything?
I can honestly say that filing for contempt in my state is simple, and with a little bit of googling you can probably find out what you can do in Texas.

And as much as I complain about my Ex not paying the support ordered by the court? I also know he's going to NOT pay as long as he can get away with. You cannot, even with court orders, force someone to behave like a parent or an adult!
 

Proserpina

Senior Member
No one can force him to pay unless you actually take him to court, have him found in contempt, and have the judge take the appropriate action against him to enforce the support order.

Texas does have the wonder that is the AG - Mom actually doesn't need to do a whole heck of a lot. The AG will do it for her.
 

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