Texas divorce settlement/child support

[amyjrn]

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



OK long story short. Divorce was finalized in July 2010. I was awarded a $14,000 divorce settlement of which he has paid NOTHING. My child support order is for $1164 a month. He stated very clearly prior to the divorce that he would not pay more than $1000 a month. He was served and did nothing. Never got a lawyer, did not show up for any hearings, nothing. He has sent some money sporadically but is still $3000 behind. He also does not pay through the AG as ordered. As I understand it if I take him back to court those funds will not count toward his child support. I have no problem giving him credit for what he has paid....I'm just not sure if the court will. Is there really anything I can do to enforce the divorce settlement? He has no "real property." However some of that divorce settlement included emergency spousal support. He is self employed and I worry that if I persue this he will file a motion to reduce his child support with some bogus income statements. Any advice?

 

[stealth2]

I would file against him for contempt.

 

[majomom1]

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



OK long story short. Divorce was finalized in July 2010. I was awarded a $14,000 divorce settlement of which he has paid NOTHING. My child support order is for $1164 a month. He stated very clearly prior to the divorce that he would not pay more than $1000 a month. He was served and did nothing. Never got a lawyer, did not show up for any hearings, nothing. He has sent some money sporadically but is still $3000 behind. He also does not pay through the AG as ordered. As I understand it if I take him back to court those funds will not count toward his child support. I have no problem giving him credit for what he has paid....I'm just not sure if the court will. Is there really anything I can do to enforce the divorce settlement? He has no "real property." However some of that divorce settlement included emergency spousal support. He is self employed and I worry that if I persue this he will file a motion to reduce his child support with some bogus income statements. Any advice?

For the CS, call the AG and ask them how you should handle payments made directly to you. Some will let you report it, some will tell you to send it to them so they can credit it then send it back to you.

Was there a time frame for him to pay the $14,000?

 

[amyjrn]

yes...there was a payment schedule for both the back CS and the divorce settlement. I forget the time line (don't have papers in front of me) I think it was paid out over 2 years.

 

[amyjrn]

as far as setting up an account with the AG (not to sound bitchy) but I kinda consider that HIS responsibility. If he isn't smart enough to follow the orders of the divorce agreement then any negative inpact on him is of his own doing.

The beauty of divorce is that I am no longer responsible for his bad decisions and irrisponsibility

 

[mistoffolees]

yes...there was a payment schedule for both the back CS and the divorce settlement. I forget the time line (don't have papers in front of me) I think it was paid out over 2 years.

If it says he has to pay it within 2 years and you got the decree in July, 2010, then he is not in contempt.

What is the EXACT wording?

as far as setting up an account with the AG (not to sound bitchy) but I kinda consider that HIS responsibility. If he isn't smart enough to follow the orders of the divorce agreement then any negative inpact on him is of his own doing.

The beauty of divorce is that I am no longer responsible for his bad decisions and irrisponsibility

No, you just have to deal with it.

You're taking an incredibly ridiculous position "I'm not getting paid my CS (which is supposed to help support our child(ren)) and all I have to do is file with the AG, but it's his responsibility, so I'd rather whine and complain about how evil he is rather than taking the simple action to be able to collect my CS".

Even if it IS his responsibility (which is not at all clear), you're being foolish.

 

[amyjrn]

If it says he has to pay it within 2 years and you got the decree in July, 2010, then he is not in contempt.

What is the EXACT wording?



No, you just have to deal with it.

You're taking an incredibly ridiculous position "I'm not getting paid my CS (which is supposed to help support our child(ren)) and all I have to do is file with the AG, but it's his responsibility, so I'd rather whine and complain about how evil he is rather than taking the simple action to be able to collect my CS".

Even if it IS his responsibility (which is not at all clear), you're being foolish.

well he is self employed and does contract work from multiple vendors and is currently in another state. I don't even have an address for him so I don't even see how the AG could help me since there is really no way to "garnish his wages."

The divorce decree took the divorce settlement total and broke it down into monthly payments to be paid out over 2 years.

He is in contempt because he has moved twice without notifing the court and has yet to make any payments on the CS arrears or divorce settlement. He did not pay my attorny's fees as directed. He did not notify the court of changing jobs. And he has not signed off on the paperwork that eliminates his interest in the house (which I was awarded).

My question is....if he simply chooses not to pay the divorce settlement because he doesn't want to. Is there really anything I can do?

 

[mistoffolees]

well he is self employed and does contract work from multiple vendors and is currently in another state. I don't even have an address for him so I don't even see how the AG could help me since there is really no way to "garnish his wages."

That assumes that the AG is no more wiling than you are to make an effort to find him. They can track him via his social security number or any number of other ways.

There's no excuse for not filing for support. You'd apparently rather sit around and play 'poor me' games.

The divorce decree took the divorce settlement total and broke it down into monthly payments to be paid out over 2 years.

He is in contempt because he has moved twice without notifing the court and has yet to make any payments on the CS arrears or divorce settlement. He did not pay my attorny's fees as directed. He did not notify the court of changing jobs. And he has not signed off on the paperwork that eliminates his interest in the house (which I was awarded).

My question is....if he simply chooses not to pay the divorce settlement because he doesn't want to. Is there really anything I can do?

If he chooses not to pay because he doesn't want to, there are a lot of things you can do. You've already been given the answer - file with the state for collection of CS. File for contempt (you might have to spend a little money on a PI - or you can often send the notice to the last known address).

If he has no money, you may never see what you're entitled to, but that doesn't excuse your unwillingness to at least make the effort.

 

[nextwife]

I would fight tooth and nail before signing off any interest in real estate for which I was still on the mortgage. Are you refinancing him off the loan? That is when one normally signs off their interest- if they have functioning brain cells.