where do you start?

[ejmmolina]

What is the name of your state? texas

where do you begin to file contempt of court for failure to pay support? does this always require a lawyer? can you start with out a lawyer and later hire one with out delaying your case?

 

[ceara19]

What is the name of your state? texas

where do you begin to file contempt of court for failure to pay support? does this always require a lawyer? can you start with out a lawyer and later hire one with out delaying your case?

There are 2 ways to handle the situation.

1. File a show cause for contempt directly with the court or

2. Go through the Texas Office of Attorney General, Child Support division.

It can be done without an attorney. However, if you don't have a clue as to where to begin, you should hire a lawyer. I would only recommend going through the OAG as a LAST resort. It could take a year or more to finally get an informal hearing and even longer to get in front of a judge. Plus, the majority of people that work there don't have a clue as to what the LAW is. I suspect that they only hire caseworkers that have been fire from McDonald's because they couldn't even count out correct change.

 

[ejmmolina]

thank you for your response. we will look into hiring a lawyer to handle our case. what kind of info proof do we need to have to show she isnt paying her support?

 

[ceara19]

thank you for your response. we will look into hiring a lawyer to handle our case. what kind of info proof do we need to have to show she isnt paying her support?

Since it is impossible to PROVE a negative, it will be up to her to prove to the court that she DID pay the child support. Since this is a contempt issue, make sure that you request to be reimbursed for your legal expenses as well. In Texas, when one parent is found to be in contempt of the court order, that party is responsible for paying (or reimbursing) the other party for all legal expenses including attorney fees and court costs. However, it is not automatic, you have to request it in your original petition. However, if she's not paying child support, don't hold your breath waiting for the money.