Court appearance for non paying parent

In Texas....

After several years of not paying child support (he's made 1 payment in the last 2 years) and owing more than $16,000... I filed the paperwork against him for not paying. We were scheduled a court date and when we were there, all they asked him was can he have an attorney by july XX. Others in the court were ask to pay back child support and others even sentenced jail time. Well of course he said yes (he can afford to pay for a lawyer but not a dime to child support). my question is what will be done at the next court hearing and what can a lawyer do for him when he is $16,000 behind and makes no effort to pay, but still has visitation rights?

any info would be greatly appreciated....

kray77 said:

In Texas....

After several years of not paying child support (he's made 1 payment in the last 2 years) and owing more than $16,000... I filed the paperwork against him for not paying. We were scheduled a court date and when we were there, all they asked him was can he have an attorney by july XX. Others in the court were ask to pay back child support and others even sentenced jail time. Well of course he said yes (he can afford to pay for a lawyer but not a dime to child support). my question is what will be done at the next court hearing and what can a lawyer do for him when he is $16,000 behind and makes no effort to pay, but still has visitation rights?

any info would be greatly appreciated....

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First, he does not have to pay to have visitation rights and even custody rights. He doesn't have to pay to see his child. Support and visitation are separate issues.

An attorney may be able to get a judge to take a portion of it to keep him out of jail, or maybe even all of it. Simply, no one can tell you what a judge will decide.

the original divorce decree was for him to pay $350/month child support, and pay the childs medical insurance (which he doesn't do that either).

so basically he's getting a lawyer to prevent having to go to jail and to try to get his arrears decreased?

what happens if he shows up and does not offer to pay anything?

I'm in Texas too and my ex owed 20,000+. I took me a over year to get any money after we started the court procedings. I hate to tell you that you've probably got a ways to go before you get any money. They will get him eventually. My ex only pays an additional $50.00 for the arrears. Mine had to be arrested and put on probation to pay. Still go to court every three months. I forgave several thousand dollars (mostly interest) and had the court lower the payments; all in the interest of getting along. I had hoped this would facilitate him seeing the kids but it did not. I was probably played for a fool but I did my best. You are probably not going to like to hear this, but at least he sees your child. I have found that if a person doesn't want to pay, he/she can find many ways to get out of it. If he has a regular job, they will probably garnish his wages. Good luck.

thanks tinaa,

you mention they made him pay an additional $50. well $50 would be a start he hasnt' made 1 payment in over a year.

can he continue to show up in court and still not pay a dime?

i've heard if he has a means to make money then that counts against him. he's an RN, but has tried to run his own business, showing he doesn't make any money...

it's hard to imagine these dead beat dads wanting to see their children while refusing to pay a dime and instead going out and having a good time and supporting another wife....

kray77 said:

thanks tinaa,
it's hard to imagine these dead beat dads wanting to see their children while refusing to pay a dime and instead going out and having a good time and supporting another wife....

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Try a dead beat who won't see his kids because he refuses to pay and knows if he does he'll be caught... money is more important to them then a relationship with their kids. Think long and hard about that before your next step.

He can put it off for awhile...not forever. My ex kept whining he couldn't afford 375. a month. I ask the court to drop it to 200 with the 50 extra for arrears. He pays it now. He usually catches up a couple of days before each three month court date. Keeps him out of jail and at least I get something. He still doesn't see the kids. They were supposed to go camping this summer. Nary a word from him, yet. We called but he says he's too busy. Whatever!

tigger22472 said:

Try a dead beat who won't see his kids because he refuses to pay and knows if he does he'll be caught... money is more important to them then a relationship with their kids. Think long and hard about that before your next step.

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Mine is just the opposite. I pay $750/mo on auto deposit to my ex-wifes account and she auto bad-mouths me to my children. I beg and plead for my teenage children to come see me.

gml