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TEXAS, served suit papers today...

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jphunter001

Junior Member
Texas...

OK, I am obligated to pay child support, as normal. When divorcing I got set with an extremely high support amount, based on previous two years income, and even at that time, I was already making less. So, a couple of months after divorce was final, I could not keep paying that amount, so I filed for review. It only (sarcasm) took the State of Texas 1 year and 2 months to do something. We ended up back in court, and it was reduced, but not enough for my the present income.

Trying to make a long story short, arrearage has been building, because not only having child support, I was also having employment problems. I was having it deducted as ordered, but most of the time, it was 50% of my pay. As I was not able to meet the full amount ordered. Child support arrearage kept building. Then I went approximately 4 weeks straight unemployed, and then recently began working again. To make matters worse, I got served today with papers saying I am being sued, and in contempt. What the heck??? I am doing everything that I can, can't even say that I am getting by. What is the State of Texas looking for? I realize I owe arrearage, I realize I am obligated to pay, that's not the issue. If I was not working, and I was not "making" the money that is needed to pay my monthly obligation in full, what can a person do. Now, I have been forced to seek my attorney again, and I don't know what else I can do.

Thank You
 


Proserpina

Senior Member
Texas...

OK, I am obligated to pay child support, as normal. When divorcing I got set with an extremely high support amount, based on previous two years income, and even at that time, I was already making less. So, a couple of months after divorce was final, I could not keep paying that amount, so I filed for review. It only (sarcasm) took the State of Texas 1 year and 2 months to do something. We ended up back in court, and it was reduced, but not enough for my the present income.

Trying to make a long story short, arrearage has been building, because not only having child support, I was also having employment problems. I was having it deducted as ordered, but most of the time, it was 50% of my pay. As I was not able to meet the full amount ordered. Child support arrearage kept building. Then I went approximately 4 weeks straight unemployed, and then recently began working again. To make matters worse, I got served today with papers saying I am being sued, and in contempt. What the heck??? I am doing everything that I can, can't even say that I am getting by. What is the State of Texas looking for? I realize I owe arrearage, I realize I am obligated to pay, that's not the issue. If I was not working, and I was not "making" the money that is needed to pay my monthly obligation in full, what can a person do. Now, I have been forced to seek my attorney again, and I don't know what else I can do.

Thank You



I'm not exactly sure what your legal question is...

You know you owe arrears, and you know you have a current obligation. :confused:
 

jphunter001

Junior Member
Exactly, I know I am obligated for CS, I realize I have arrears, but why does the state feel they need to drag me through more. If my employment was horrible last year, and I made no where near what I needed to even meet my CS obligation. I don't understand why I have suit papers against me. The fact that it shows I have been having it deducted from my pay, when working. Again, even as much as 50% taken from pay. Why does it need to go this far. I have paid over $25000 in 1.5 years, showing that I am paying when I am employed. How am I in contempt if I am not making enough to pay my full obligation? Thank you for your response.
 

Proserpina

Senior Member
Exactly, I know I am obligated for CS, I realize I have arrears, but why does the state feel they need to drag me through more. If my employment was horrible last year, and I made no where near what I needed to even meet my CS obligation. I don't understand why I have suit papers against me. The fact that it shows I have been having it deducted from my pay, when working. Again, even as much as 50% taken from pay. Why does it need to go this far. I have paid over $25000 in 1.5 years, showing that I am paying when I am employed. How am I in contempt if I am not making enough to pay my full obligation? Thank you for your response.


Because it's not the State's problem, jp. The State wants the child to be supported, and the arrears brought down - regardless. If you're unemployed, that's not their problem.

All you can do is file for another review - it shouldn't take anywhere near a year, though.

Or get three jobs. Even min wage jobs.
 

jphunter001

Junior Member
3 jobs is not going to happen, not even 2. I have contacted my attorney, she is going to handle it for me. I guess they want blood from me too. I have all my financial records, I can show what I have made, or not made.

What I am looking for is why I am being sued. I am not a deadbeat, I am trying at least. I have paid when I can, paid what I can. I have even drug my parents into all of this with financial support as well. They have more than willingly stated they will testify to anything.

Still need to know what I can do or what can be done.
 

Proserpina

Senior Member
3 jobs is not going to happen, not even 2. I have contacted my attorney, she is going to handle it for me. I guess they want blood from me too. I have all my financial records, I can show what I have made, or not made.

What I am looking for is why I am being sued. I am not a deadbeat, I am trying at least. I have paid when I can, paid what I can. I have even drug my parents into all of this with financial support as well. They have more than willingly stated they will testify to anything.

Still need to know what I can do or what can be done.


You're being sued because you're behind.

By all means, standby for other posters to answer. There are two in particular who are very familiar with collection and enforcement.

:)

Good luck!

(And..be prepared to answer why you can afford an attorney but not pay your child support....)
 

Isis1

Senior Member
3 jobs is not going to happen, not even 2. I have contacted my attorney, she is going to handle it for me. I guess they want blood from me too. I have all my financial records, I can show what I have made, or not made.

What I am looking for is why I am being sued. I am not a deadbeat, I am trying at least. I have paid when I can, paid what I can. I have even drug my parents into all of this with financial support as well. They have more than willingly stated they will testify to anything. Still need to know what I can do or what can be done.
i wouldn't use them. they are worthless in support matters. all you said right there was, "they'd say anything on my behalf, even lie for me".

look, the fact that you were unemployed and/or not making enough to piss in a pot, doesn't mean beans to the support agency. the second your employment was no longer the same as when evaluated, you should have filed a motion to request a decrease for your current employment wage. you didn't. so you screwed yourself there. arrears cannot be erased unless the collecting party agrees to it.

so, file for a modification NOW. have your new income inputed. the arrears aren't going anywhere. so you need to come up with a payment plan to start paying those off. expect your tax refund to be garnished. expect leins on your bank account. expect a report on your credit history. driver's license suspension. you need to get back on track.
 

CJane

Senior Member
How long has it been since you paid regularly? How long since your last payment?
 

jphunter001

Junior Member
1st, I never said I can "afford" an attorney. My attorney is the same group that got me through the divorce. They will charge me a flat fee, as they know that I am struggling, and, I am not actually paying for it.

2nd, I didn't say anyone would lie for me, honestly, there are no lies. I have already pulled my bank statements, and my parents have provided me with theirs as well, showing the money they have given me. Luckily it was never cash.

3rd, I have completed a modification, still way too high. The fact that it took the state well over a year to do anything is beyond me, and that is exactly why my arrears is so high. When I say high, let's keep everything honest here, it's currently $7500. I know there are people out there with enormous amounts much higher than mine. My support went from $1800 per month to $1400 in the modification process. Again, I am not making enough right now to cover that. I do have to go through another modification for a child I have with my new wife though. Not looking forward to that at all...

There are no reasons to lie about anything. It is what it is, I can't and won't hide that. I have seeked my attorney again, only because I don't know what else to do, or even go about it at all. I will not speak bad of my ex, but she is a gold digger, worries nothing about herself, and definitely slanders the heck out of me. I was even accused of doing this on purpose. Really? Why in the heck would I want to make less, and why would I want to go through all of this legal stuff, again? No way, I would love to be making what I made before, the bottom dropped out, I can't help that, I can only keep pushing along...

As for the question of regular payments, I don't know, I would have to look at it all... So, I can't answer...
 

TheGeekess

Keeper of the Kraken
1st, I never said I can "afford" an attorney. My attorney is the same group that got me through the divorce. They will charge me a flat fee, as they know that I am struggling, and, I am not actually paying for it.

2nd, I didn't say anyone would lie for me, honestly, there are no lies. I have already pulled my bank statements, and my parents have provided me with theirs as well, showing the money they have given me. Luckily it was never cash.

3rd, I have completed a modification, still way too high. The fact that it took the state well over a year to do anything is beyond me, and that is exactly why my arrears is so high. When I say high, let's keep everything honest here, it's currently $7500. I know there are people out there with enormous amounts much higher than mine. My support went from $1800 per month to $1400 in the modification process. Again, I am not making enough right now to cover that. I do have to go through another modification for a child I have with my new wife though. Not looking forward to that at all...

There are no reasons to lie about anything. It is what it is, I can't and won't hide that. I have seeked my attorney again, only because I don't know what else to do, or even go about it at all. I will not speak bad of my ex, but she is a gold digger, worries nothing about herself, and definitely slanders the heck out of me. I was even accused of doing this on purpose. Really? Why in the heck would I want to make less, and why would I want to go through all of this legal stuff, again? No way, I would love to be making what I made before, the bottom dropped out, I can't help that, I can only keep pushing along...

As for the question of regular payments, I don't know, I would have to look at it all... So, I can't answer...
Dude, I don't think Texas cares that you have subsequent children to support.

https://www.oag.state.tx.us/cs/index.shtml
 

Silverplum

Senior Member
1st, I never said I can "afford" an attorney. My attorney is the same group that got me through the divorce. They will charge me a flat fee, as they know that I am struggling, and, I am not actually paying for it.
That was one heck of a deal you got there.
They will charge you a flat fee, but you will not be paying it.

Next comes: My parents are paying it. OR, My wife is paying it.

;)

jphunter001 said:
2nd, I didn't say anyone would lie for me, honestly, there are no lies. I have already pulled my bank statements, and my parents have provided me with theirs as well, showing the money they have given me. Luckily it was never cash.
What do your parents bank records have to do with your child support?

jphunter001 said:
3rd, I have completed a modification, still way too high.
I don't mean to be snarky, really I don't, but...that's what they all say.

jphunter001 said:
The fact that it took the state well over a year to do anything is beyond me,
Wait for it...
jphunter001 said:
and that is exactly why my arrears is so high.
You don't know why it took a year to complete the review, but you do "know" that it's the court's fault that you haven't paid your child support.

Alrighty.

jphunter001 said:
When I say high, let's keep everything honest here, it's currently $7500. I know there are people out there with enormous amounts much higher than mine. My support went from $1800 per month to $1400 in the modification process. Again, I am not making enough right now to cover that.
Then how did the state of TX come up with the $1400 amount?

jphunter001 said:
I do have to go through another modification for a child I have with my new wife though. Not looking forward to that at all...
When did that happen?

jphunter001 said:
There are no reasons to lie about anything. It is what it is, I can't and won't hide that. I have seeked my attorney again, only because I don't know what else to do, or even go about it at all. I will not speak bad of my ex, but she is a gold digger, worries nothing about herself, and definitely slanders the heck out of me. I was even accused of doing this on purpose. Really? Why in the heck would I want to make less, and why would I want to go through all of this legal stuff, again? No way, I would love to be making what I made before, the bottom dropped out, I can't help that, I can only keep pushing along...

As for the question of regular payments, I don't know, I would have to look at it all... So, I can't answer...
You know lots of stuff, but not the last time you wrote a check for the support of your children?

Really, dude.
 

RRevak

Senior Member
My support went from $1800 per month to $1400 in the modification process. Again, I am not making enough right now to cover that. I do have to go through another modification for a child I have with my new wife though. Not looking forward to that at all...
Wait one minute here..sorry seniors but this one gets me;

You cant afford to support your first child/children but you feel it right to go and have MORE?! :mad::eek:
 

stealth2

Under the Radar Member
I realize this is a novel idea, but... how about NOT making more babies when you can't pay your obligation for your current ones? Really. That's not rocket science. Keep it zipped, or get it snipped.
 
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