BCB can you help?

[Tinaa]

What is the name of your state? Texas

I am heading back to court again this Friday because my ex won't pay his CS. The Texas OAG is handling the case. We've been through contempt motions, he was put on probation for not paying, motions to revoke for not paying. Finally, in June, he was arrested and had to pay a $2,000 to get out of jail. I received that money in August. We went to court the end of June. I agreed to drop the CS to $200/month for two kids and forgave a third of the arrears. Trying to make his life a little easier, trying to get along. He paid twice (not even the correct amount) and not a dime since. We have never been before a judge, just the OAG staff. My questions... Will we ever get to see a judge? How long does this mess go on? Will the OAG ever stop all the motions and put him in jail? The only contact he has is when I have the girls call him! Am I right in wanting something done?

Help!
Thanks

 

[VeronicaGia]

You're right in wanting something done, but if he's in jail, he cannot pay support, so that won't get anything done either.

I do believe you've been patient though, and hope BCBill will take your question.

 

[Boxcarbill]

What is the name of your state? Texas

I am heading back to court again this Friday because my ex won't pay his CS. The Texas OAG is handling the case. We've been through contempt motions, he was put on probation for not paying, motions to revoke for not paying. Finally, in June, he was arrested and had to pay a $2,000 to get out of jail. I received that money in August. We went to court the end of June. I agreed to drop the CS to $200/month for two kids and forgave a third of the arrears. Trying to make his life a little easier, trying to get along. He paid twice (not even the correct amount) and not a dime since. We have never been before a judge, just the OAG staff. My questions... Will we ever get to see a judge? How long does this mess go on? Will the OAG ever stop all the motions and put him in jail? The only contact he has is when I have the girls call him! Am I right in wanting something done?

Help!
Thanks

Enforcement of a contempt by jail sentence is not easy to get. (Getting a bench warrant for failure to appear at a contempt hearing and winding up in jail on that bench warrant is much easier which is apparently what happened before.) To get a respondent sentenced to jail for contempt is extremely difficult. Most orders are not specific enough in the wording for such an enforcement penalty. If every "T" is not crossed and every "i" is not dotted and every conjunction and disjunctive word is not correct throughout the paperwork, the jail sentence cannot be imposed and if imposed, the respondent will be out of jail before the ink is dry on the order.

The attorney general's office does not have the authority to impose a jail sentence for failure to obey a court order. Only a judge can do that. So to answer one of your questions, if the AG stops filing motions, that particular assistant AG will be looking for other employment because neither an assistant nor the AG himself has the legal authority to place the contemptor in jail.

You will see a Judge when the matter cannot be settled through the administrative process. Either you or your ex can refuse a settlement and that will trigger the matter before a judge. As to how long will this go on, the answer is until the child reaches the age of 18 years, provided that, if the child is fully enrolled in an accredited secondary school in a program leading toward a high school diploma, the periodic child-support payments shall continue to be due and paid until the end of the school year in which the child graduates;
(2) child marries;
(3) child dies;
(4) child's disabilities are otherwise removed for general purposes;
(5) child is otherwise emancipated; or
(6) further order modifying this child support.


And last, obviously as either the sole managing conservator or the joint managing conservator with the exclusive right to receive and give receipt for periodic payments for the support of the children and to hold or disburse these funds for the benefit of the children, you have the legal right.

 

[Tinaa]

Thanks, BCB. I get you. This is never going to end! Should I just continue to play by the OAG rules? Is it too late to hire a private attorney? Should I refuse to settle any more and get this matter before a judge?

Lots of questions, I know! I do appreciate the advice!

 

[Tinaa]

VeronicaGia I don't want to seem like the wicked witch of the west, but enough is enough. I've done everything I know how to help the man. He rarely ever paid child support on time, nor has he ever showed that he cared. I decided that perhaps I was not facilitating the relationship between him and the girls. I tried to remedy that just to get slapped in the face with his negligence (no phone calls, that is, unless we call). So maybe some jail time will help him see the light. I doubt it though. He's said on more than one occasion, "At least in jail I'll get three hots and a cot." Yeah, I know, I picked a winner. I know of no other way to get his attention. He says if I call and ask him for the money, he'll do everything in his power to get it to me. But, he doesn't want anyone to tell him what to do! You got any ideas?

 

[Boxcarbill]

Thanks, BCB. I get you. This is never going to end! Should I just continue to play by the OAG rules? Is it too late to hire a private attorney? Should I refuse to settle any more and get this matter before a judge?

Lots of questions, I know! I do appreciate the advice!

I can't tell you what you should. I can advise as to the options available; risks attendant to those options; benefits attendant to the options but at the end of the day, I go home. It is you who will have to live with the results of your decision. You know your circumstances better than anyone. You also know what you can and cannot live with. What one person can live with is different from what others can live with. So the decision rests with you.

The AG's office is vastly over worked because they are free. That is both the drawback and the plus with going with the AG. Hiring a private attorney is not necessarily the magic answer. Like every other profession, you have the good, the bad and the ugly. The good is well worth their fee. The bad is worse than having a boil on your butt. But, no, it's not to late to hire private counsel. The AG will withdraw from your case. If, however, there are arrears owed to the taxpayers, (i.e. state aid involved) , the AG will still have to be involved and notified of every hearing and no settlements can take place without the AG's approval. (They have their own dog in the fight so to speak.)

Now, let me add a comment on the two hots and a cot. He's bluffing. (See above for his coming up with $2,000.00 to get out of jail.) Jail is not the place for someone who doesn't like to be told what to do. When in jail, you are told everything that you will and will not do, including what color of underwear you will wear while in jail. It is down right amazing how quickly a contemptor comes up with the money necessary to get out of jail once his butt is in jail. And this is even faster if Bubba starts looking at his butt like he wants a chunck of it!

 

[Tinaa]

You are so right! I guess I'll do a little soul searching and check into an attorney. I do know there is under 1,000 owed to the state. He left me when I was pregnant with our younger daughter, quit his job and so the insurance was cancelled. She came three months early, and thanks goodness medicaid helped! That was the first and last time I ever used state aid. Thanks your sharing your knowledge!

Enough soul searching. I can live with him spending a little time in jail. Maybe he'll even write the girls!

Thanks again BCB!

 

[Tinaa]

BCB, maybe he wasn't bluffing. He did not show up for court and they said they were going to issue a warrant and would get gack to me. This will be his second arrest in 6 months. Is this what they call a bench warrant? or are they going for another contemt charge? I guess it is time I start education myself, rather than just sitting back and taking what life gives me. The OAG lady wasn't too terribly helpful, but they were rather busy! I have read the statutes involving child support collection, but they are written in legalese. Does anyone know of some good websites to begin my self-education on this stuff?