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jamesevan23

Junior Member
Texas

My husband was in prison for 7.5 years and he has been out of prison for 1 year....he spent 6 months in a halfway house and another 4 months on house monitoring in which he wore and ankle monitor. He was only allowed outdoors from 12 noon to 4 pm, Monday through Friday and NONE on weekends. His ex-wife is threatening to have him arrested for not paying child support on their two children ages 16 and 20. The 20 year old is married.

What are our options??
 


Ohiogal

Queen Bee
Texas

My husband was in prison for 7.5 years and he has been out of prison for 1 year....he spent 6 months in a halfway house and another 4 months on house monitoring in which he wore and ankle monitor. He was only allowed outdoors from 12 noon to 4 pm, Monday through Friday and NONE on weekends. His ex-wife is threatening to have him arrested for not paying child support on their two children ages 16 and 20. The 20 year old is married.

What are our options??
She can file for contempt of court and she can ask the prosecutor to file a criminal complaint against him. If there was a child support order, he was responsible for paying for it OR having it modified. He made choices that put him in prison. That doesn't relieve him of supporting his children.
 

stealth2

Under the Radar Member
"We" have no options. I'm not sure what options your husband is looking for. He has children that he was ordered to support. That did not change when he chose to participate in criminal activity, nor end up in prison for that choice. The children STILL needed to be supported. Mom took up the slack, and now Dad owes her. Plus interest. Unless he can get Mom to relieve him of what he owes her, he will have to figure out how to pay what he owes.
 

not2cleverRed

Obvious Observer
What are our options??
He could pay child support. :cool:

Seriously, even if it's not the whole amount court ordered, making an attempt to keep up one's obligations would be a start. Certainly cheaper than being taken to court.

If he has arrears, he can find out how much in arrears, and attempt to set up a payment plan to address paying that.

He could have filed for modification, based on change in circumstances, if his income has moved significantly downwards since the last court order for child support. But even if he files for a modification today, and it is granted, it will only be backdated to the date of filing, not to the arrears owed at the date of filing.
 

not2cleverRed

Obvious Observer
Unless he can get Mom to relieve him of what he owes her, he will have to figure out how to pay what he owes.
But, that's only something Mom should do out of the great generosity of her over kind heart.

Pressuring her, or making her out to be some kind of bad guy for insisting that Dad support his children is not something OP and her DH should try.
 

Silverplum

Senior Member
IS there a court order for Dad to pay child support to Mom?

If not, he owes nothing. Legally.

If so, he owes whatever it required, plus interest.
 

Silverplum

Senior Member
But, that's only something Mom should do out of the great generosity of her over kind heart.

Pressuring her, or making her out to be some kind of bad guy for insisting that Dad support his children is not something OP and her DH should try.
That's extremely true.
 

jamesevan23

Junior Member
I appreciate all of the responses I have received regarding this situation. He is not trying to get out of paying the support....he owes it. He will pay what he owes. My fear is that he will be thrown in jail before we even have an opportunity to begin paying what is in arrears. We were told by ex-wife that there is a hearing scheduled for December, however we have not been notified by a constable or any other individual that would hand deliver paperwork.
 

Antigone*

Senior Member
I appreciate all of the responses I have received regarding this situation. He is not trying to get out of paying the support....he owes it. He will pay what he owes. My fear is that he will be thrown in jail before we even have an opportunity to begin paying what is in arrears. We were told by ex-wife that there is a hearing scheduled for December, however we have not been notified by a constable or any other individual that would hand deliver paperwork.
You do realize that as a person that is not a party to the support order, YOU personally won't be notified, only dad.

What is your husband doing to secure employment?
 

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