Back Child support

[basylica]

What is the name of your state (only U.S. law)? texas

My ex took off with my kids in feb 08 and filed. We went to mediation in march and I was given primary custody with visitation to my STBX.
judge said something along the lines that he would order part of daycare, CS, AND spousal support but it was more than my ex's income.
Temp orders said that my ex was to pay 1st, 3rd, 5th weeks of daycare at 300/wk directly to daycare. He was often late or missing payments

In march of 09 we went to mediation finally, and it was agreed and signed off that he was to pay 530/mth child support on the 10th of each month to a CS office based out of san antonio tx, address, etc. (no more daycare payments, as the daycare payments during temp orders was in lieu of CS)
his lawyer was supposed to write up divorce decree and have the judge sign off and my part was done, since he had filed originally.

His first payment was due april 10th, and we don't have court until nov 9th now. It's been delayed and put off.....all the fun legal games.

I keep going over and over in my head (it's keeping me awake nights, causing me all sorts of stress.....I can't help thinking about it!) what on *earth* makes him, his family (he lives with his parents and 25yr old sister) and his lawyer think it's ok that he hasn't paid CS.
as far as I know, he's in deep deep doo-doo with the court, but I keep mulling it over wondering what his defense will be. I'm sure it'll be something insane that the judge will say its nonsense...

Can anyone think of a LEGAL reason he won't be held accountable for this arrears?

 

[Ohiogal]

The divorce decree hasn't been filed yet? File a motion for sanctions against the attorney for not filing the divorce decree. If there is no order he cannot pay through CSEA and anything would be a gift.

 

[basylica]

No, my lawyer tried repeatedly to call his in april/may and got no response. her excuse now is that she left her firm in a dramatic way, took his case and formed a new lawfirm.

We contacted the mediator because legally we were supposed to, and she tried repeatedly to get ahold of the lawyer, to no avail.
finally around july I think she emailed my lawyer and said "it'll be there shortly" and never arrived.

On 9/2 my lawyer filed a final divorce decree, motions for sanctions and fines, motions about CS, and so forth.

Our court date was 10/5, and friday 10/2 his lawyer filed HER divorce decree and called mine and told him court was rescheduled.
On sat there were updates to the docket still reflecting 10/5, so we showed up. judge cancelled court sunday night due to her kids having swine flu.

We are rescheduled for nov 9th now.

 

[basylica]

my understanding is that the mediation (agreed upon) made the temp orders null and void.....
but wouldn't ONE of them be valid. either he should have paid half of daycare per temp orders (Which he hasn't) or the CS per the mediation (which he hasn't)

 

[basylica]

I was told that we had no choice but to mediate, it's standard practice in texas that the judge won't hear your case until you atleast make an attempt.

it says on my agreement :
"The parties understand that this agreement is binding and that this agreement is not subject to revocation. Both parties acknowledge that the court may enter judgement based on this agreement, and that neither party may withdraw their consent to the terms of this agreement"
and based on some family codes : 6.602 and 153.0071 of the tx family code

Child support:

father is obligated to pay and shall pay to mother through texas child support disbursement unit (address) child support of 539/mth with first payment being due april 10th 2009, and a like payment being due and payable the same day of each month thereafter until (kids are old enough and the 6 rules about that)

 

[Ohiogal]

He will be in arrears then. And if he hits ten months behind that is a felony. So hopefully he is banking the money to pay it all at one fell swoop.

 

[basylica]

in tx you can face jailtime after 90days, but I doubt anyone will do anything like that to him at this point, being all grey area-like.

Maybe it's just me, but I'd be madder if he WAS banking it and just hanging onto it than if he didn't have the money.
But I know he does, he has NO expenses.
just pooling it into a bank acct while his kids do without....that makes me angry! make hulk mad!!


Just like how he was perfectly content to let me work my butt off trying to support the family while he did next to nothing, then used "she works and thus is a bad mother" as his reasoning for wanting full custody of the kids.
*laser eyes*

 

[Proserpina]

in tx you can face jailtime after 90days, but I doubt anyone will do anything like that to him at this point, being all grey area-like.

Maybe it's just me, but I'd be madder if he WAS banking it and just hanging onto it than if he didn't have the money.
But I know he does, he has NO expenses.
just pooling it into a bank acct while his kids do without....that makes me angry! make hulk mad!!


Just like how he was perfectly content to let me work my butt off trying to support the family while he did next to nothing, then used "she works and thus is a bad mother" as his reasoning for wanting full custody of the kids.
*laser eyes*

OK admit it - he is the secret twin of my ex. Gotta be.

You best not leave this board - we need way more folk like you

 

[basylica]

LOL! It's hard to believe my ex made it to "adulthood" without killing himself with stupidity....don't tell me somehow TWO of them made it!!

The horrors!