• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

A Hearing in Texas

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Callie7295

Junior Member
What is the name of your state? Texas
My ex owes more than $42,000 in back support. I filed with AG's office back in mid eighties. They garnished his wages; he quit his job. They finally located and served him for a hearing early next month. I was just wondering if anyone had experience with this and could tell me what to expect from this hearing. The ex is saying that I told him he didn't have to pay support (not true) and some other untrue things. I am scared; I've never been in court before and I don't know what to expect. I'm under the impression that this is just to get it before the judge so that he can order enforcement. Has anyone else been through this? Am I going to be "grilled"; I don't have an atty., TOAG is representing my case. Also, the last time they ordered him to pay back support (my child is now 24) he only paid $200 a month. Do I have the right to ask for more than that? I probably won't live long enough to see a full collection at that small amount.
 


Tinaa

Member
Last time I went to a CS hearing, ny ex, his attorney and I sat at a little table with the AG attorney. The AG looked at the records, ordered him to pay and that was it. I've never been before a judge since the divorce. We signed off on all the papers in the meeting room and the judge signed it later. Of course, he is over three months late, again. I'll have to attend another hearing soon. I did have the option of going before the judge if he or I wanted or disagree with the findings of the AG attorney. In my county it was bery laid back.
 

Phnx02

Member
Callie7295 said:
What is the name of your state? Texas
My ex owes more than $42,000 in back support. I filed with AG's office back in mid eighties. They garnished his wages; he quit his job. They finally located and served him for a hearing early next month. I was just wondering if anyone had experience with this and could tell me what to expect from this hearing. The ex is saying that I told him he didn't have to pay support (not true) and some other untrue things. I am scared; I've never been in court before and I don't know what to expect. I'm under the impression that this is just to get it before the judge so that he can order enforcement. Has anyone else been through this? Am I going to be "grilled"; I don't have an atty., TOAG is representing my case. Also, the last time they ordered him to pay back support (my child is now 24) he only paid $200 a month. Do I have the right to ask for more than that? I probably won't live long enough to see a full collection at that small amount.
Don't be scared. Your ex claiming you agreed he doesn't have to pay cs won't hold up in water. Judges are very familiar with this kind of ignorance. You probably won't be "grilled" at all. In fact, since the AG will be there, you may not even be asked anything. They will do all the talking. Alot of times, these hearings are very quick and straight to the point and it will be over with before you know it. Unfortunately, you cannot ask for more than the original $200 a month. You had the chance to ask for an increase years ago, and since you didn't do it, you lost your chance.

Be aware however, that your ex may ask for a "judgement" where essentially, he'd be asking that the arrearage amount be reduced or forgiven altogether. Unfortunately, sometimes this is granted. And sometimes the AG will agree just for the sake of further argument or work. If this happens, speak up! You have the right to be heard even if you're not officially called upon to do so. Be prepared to argue why this shouldn't be granted, without whining about it. Be professional and state the facts. Good Luck!
 

Callie7295

Junior Member
Hearing in Texas

Texas --
So, even though the original amount was only $200, that's all I'll be entitled to? Oh God. I have no reasonable expectation to live the 17.5 years it would take to pay this off ... do you know if once a judgment is filed, my heirs would be entitled to it? Also, last time they garnished wages they garnished more than the original $200 a month ... as a matter of fact, they garnished $461.54 a month. I was hoping to get at least that amount, especially since they ordered him to bring his financial records for the last fifteen years to court.
 

questionable10

Junior Member
Since he is so far behind in support they should base how much you get based on what he is making. I have posted a similar question (as my husband had arrearages and we went to court and got a judgement, this was our doing not his ex-wife, there were several reason why did this but I won't go into it) and even if you die your estate will still be due the balance of what is owed in child support. Phnx02 had recommended not going the way of a judgement but also note that if you get a judgement and he misses a couple of payments or even 1, you can go back to court and present the judgement paperwork to the courts and you can lien his assets, bank account(s) and all that. Before ruling this out I would ask the AG when you meet with them about this and the ease of attaching his accounts and all that.

Always remember, 99% of the time the judge is always in favor of the CP.

Hope this helps.
 
help for grandniece

We are trying to help my niece with her daughter which is my grandniece.

The father of this child moved to another state and we do not know where he banks, works, or anything. We just know the town/state. How do we go about finding out where he banks, works, assets if any, or anything else important to help get this child the aid she needs?

In advance thanks for any information or help given. :)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top