NCP Not Paying Support

[wordy68]

What is the name of your state (only U.S. law)? Texas
Attny Gen has sent 3 letters regarding non payment of support. He has not paid regular payments since May and has paid one partial payment since then. I am requesting a court date to enforce the support order. NCP seems to think that he can get out of paying because he hasn't had a job since May of 2012 and to my knowledge, doesn't have another. He also thinks this because he doesn't see the children even though we live literally five minutes away. Kids are 18 (still in HS) and 14. When he was making regular payments, he was already paying fifty extra a month to help with arrears. He is now almost $5000.00 behind. Does he have a leg to stand on??

 

[single317dad]

What is the name of your state (only U.S. law)? Texas
Attny Gen has sent 3 letters regarding non payment of support. He has not paid regular payments since May and has paid one partial payment since then. I am requesting a court date to enforce the support order. NCP seems to think that he can get out of paying because he hasn't had a job since May of 2012 and to my knowledge, doesn't have another. He also thinks this because he doesn't see the children even though we live literally five minutes away. Kids are 18 (still in HS) and 14. When he was making regular payments, he was already paying fifty extra a month to help with arrears. He is now almost $5000.00 behind. Does he have a leg to stand on??

NCP owes all arrears, and is currently accruing more arrears as per the most recent CS order. Those will not go away. Future support may be reduced based on his change in income.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Texas
Attny Gen has sent 3 letters regarding non payment of support. He has not paid regular payments since May and has paid one partial payment since then. I am requesting a court date to enforce the support order. NCP seems to think that he can get out of paying because he hasn't had a job since May of 2012 and to my knowledge, doesn't have another. He also thinks this because he doesn't see the children even though we live literally five minutes away. Kids are 18 (still in HS) and 14. When he was making regular payments, he was already paying fifty extra a month to help with arrears. He is now almost $5000.00 behind. Does he have a leg to stand on??

What makes you think that the AG's office isn't doing all they can do to enforce the order?

What if the noncustodial parent gets behind in child support payments or refuses to pay?

If a noncustodial parent does not pay child support, he or she is subject to enforcement measures to collect regular and past-due payments. The Child Support Division uses many techniques to enforce child support orders, including:

• requiring employers to deduct court-ordered child support from the noncustodial parent's paycheck through wage withholding;
• intercepting federal income tax refund checks, lottery winnings, or other money that may be due from state or federal sources;
• filing liens against his or her property or other assets;
• suspending driver’s, professional, and hunting and fishing licenses; and
• filing a lawsuit against the noncustodial parent asking the court to enforce its order.

A judge may sentence a nonpaying parent to jail and enter a judgment for past due child support.

License Suspension
Who is affected by the license suspension law?

Noncustodial parents who hold a state license, owe more than three months of past-due child support, and are not in compliance with an existing court-ordered or voluntary repayment schedule face license suspension.


What types of licenses are usually suspended?

Most adults have a driver’s licenses. Computer matches can determine which obligors have other licenses and permits ranging from medical, dental, and law licenses to hunting and fishing licenses.


How many licensing agencies are involved?

The statute identifies 60 licensing agencies. However, this list is not exclusive. For example, “licensing authority” includes political subdivisions and any other board or agency not listed by name.


How does the process work?

The Attorney General’s Child Support Division electronically matches its caseload with other state agencies that are responsible for issuing licenses. When the match shows that a parent who meets the statutory criteria for license suspension holds one or more of the identified licenses, the Office of the Attorney General will send the license holder a warning and provide an opportunity to resolve the outstanding delinquency.

If the parent fails to respond, the Child Support Division will confirm his or her location and other information necessary to suspend the license and then refer the case for administrative or judicial prosecution.

https://www.oag.state.tx.us/cs/parents/faq.shtml#process

 

[wordy68]

The AGs office are the ones who told me to start this process with them. They have sent a letter every month for the past three months to NCP and told me that after the third month, to call them if I had still not received payment and that a court date would then be set.

 

[stealth2]

So... did you call them?

 

[wordy68]

Called this morning. Case being turned over to enforcement officer and AG office is requesting a court date. They said that even if he is not working, he cannot ask for reduction in payments.

 

[Zigner]

They said that even if he is not working, he cannot ask for reduction in payments.

Of course he can - if he is involuntarily unemployed, then he can ask the court to reduce his payments. Seriously, if he has no job, how do you expect him to pay?

I am NOT saying that it's not his legal obligation to pay...I'm just pointing out the reality of the matter.

 

[wordy68]

Only telling you what was told to me.

 

[Zigner]

Only telling you what was told to me.

I think you misunderstood something.

 

[wordy68]

Possibly, but it was pretty straight forward. Either way...when we get in front of the judge, we will see what happens. Totally get what you are saying though.

 

[Zigner]

Possibly, but it was pretty straight forward. Either way...when we get in front of the judge, we will see what happens. Totally get what you are saying though.

Good - I was just trying to help you see the other side of the coin

I wish you the best. Personally, I despise people who don't even attempt to make good on their court-ordered child support payments. As the longer-time members of this forum know, I am owed well in to 6 figures of back child support from my ex wife.

 

[single317dad]

Called this morning. Case being turned over to enforcement officer and AG office is requesting a court date. They said that even if he is not working, he cannot ask for reduction in payments.

Texas AG's website says he can, BUT he'll have to file a form himself and convince them he's no longer capable of making the same money he was. He's not likely going to just walk into court that day and get it changed, but it can be changed.

https://www.oag.state.tx.us/cs/parents/faq_modifications.shtml

 

[wordy68]

Zigner...yes, then you can definitely relate!! Regular payments stopped May of 2012. He did not contact me about any problems. After 2 months of non payment (and as I said, he was already paying extra to catch up), I called his work to speak to him and found he was no longer working there. Contacted AG in Nov 2012. Received a partial payment in Dec of 2012 and nothing since, even though he has been receiving monthly letters from AG. AG's office told me that the judge will not take kindly to the fact that he has not done anything to even TRY to make payments. No twenty dollars here or there...no communication with me nor with them...etc. He has been estranged from our oldest son for the past year and a half, the younger son hasn't wanted anything to do with visitation for over 2 months and NCP blames me. I do everything I can to encourage the kids to see him and I have never disparaged NCP in earshot of my kids. Their relationship with him is just that...their relationship. I have never denied them when they have wanted to see him even when it wasn't "his day." He has emotionally alienated our children and I can only assume that his failure to make support a pressing issue is due to spite. He literally lives five minutes away from us.

As for his ability to make the same amount of money...as far as my knowledge he has no physical reasons to inhibit him. He was working fast food so I doubt that he is incapable of making the same wages. This is principle. He has a responsibility and my children have a right to be financially supported by BOTH parents.

 

[wordy68]

Single317dad, are you saying that he would need to set a separate court date to try to get a reduction?? What would he have to prove to be able to get a reduction besides what you just mentioned?

 

[single317dad]

Single317dad, are you saying that he would need to set a separate court date to try to get a reduction?? What would he have to prove to be able to get a reduction besides what you just mentioned?

The link I provided doesn't specifically mention a separate court date, it simply says he must complete a Request For Review form and turn it in at the CS office handling his case. If he hasn't requested that his support amount is reviewed, then it's unlikely to BE reviewed (courts tend to work that way -- if you don't ask for something, you'll likely not get it.) I would recommend reading the site in its entirety and clicking each question, as it's pretty thorough and the Texas AG has been kind enough to provide more information than many states do.