Child Support Arrearage / Modification

[stargazer0725]

What is the name of your state? Texas

My ex-husband (NCP) has made a habit of changing/losing jobs over the last 2 years (out of the 3 we've been divorced).

He is now on his 5th job in the course of the last 2 years and has only managed to contibute CS for 8 months of that time. He's currently refused to pay CS (until the AG's office catches up with him) and is $7000 in arrears. In addition, I am currently paying $210 out of my own pocket to cover medical insurance premiums for my son (which the NCP was court-ordered to pay).

The NCP has now informed me that he will be seeking a modification to the CS agreement to lower his payments due to the pending birth of a child with his new wife and his new employment status.

My questions are twofold:

1) Can my ex seek (and gain) a CS reduction based on his "inability" to find a job paying the same as when our agreement was first signed, and more importantly can he use his new child as a bargaining chip for lower payments to my son?

2) Can I bill my ex directly (formally through the AG's office) for the medical premiums that are coming out of my paycheck, or do I have to seek a modification of CS myself? (My concern is that the premiums go up annually and I might have a problem getting a modification every year to compensate).

 

[tori893]

You might try going to the attorney generals web site. I am also from texas and have found help there. childsupport.oag.state.tx.us
this may help.

 

[raddadthomas]

Yes

Your answere is yes. Having another child is taken into consideration. That child is also entitled to be supported in the same manner as the other siblings.

And yes to the employment compensation change too. A reduction in salary is taken into consideration.

As far as the medical? It must state that in your decree. If not? You would need to appear in front of a judge to have the matter heard.

 

[stargazer0725]

Thank you both for your info - although it just confirms my fears.

For the last 18 months that I have had a formal case with the AG's office, they have done nothing for me but send out withholding letters to each of my ex's new employers - they wouldn't even enforce one of the orders when one of my ex's employers refused to withhold.

My ex has definitely learned how to work the system - change his job as soon as the AG's office catches up with him, then he gets an extra 30 days of leeway before the first default letter is sent, followed by nothing else (no further threats). He's also given a low-interest, long-term loan (4 years) to pay off whatever he decides to default on. He has no concerns or incentive to pay what is is court-ordered (including providing insurance), because the AG's office won't do anything except tell him how much he is behind. But the second he files for a modification, I find myself sitting in front of a CS officer defending my position.

He's defaulted on his payments for 55 out of the last 78 weeks. I can't afford an attorney at this point. Does anyone know how I can file contempt charges myself?

 

[Tinaa]

The OAG WILL catch up to him sooner or later. I think once you have started with the OAG, you are kind of stuck with their time lines, unless you hire an attorney, who is required to work with them. The OAG has certain rules they have to go by. I guess you might be able to drop the case with the state and go it on your own.

 

[I AM ALWAYS LIABLE]

My response:

Free services provided by the State only go so far. There's not enough tax money, no one wants to pay more taxes, and there are way too many men and women dropping babies onto Society - - like yourself.

So, since this is YOUR child, and since I DON'T WANT TO PAY more taxes to PAY FOR YOUR CHILD, then it's up to you to AFFORD your own legal assistance.

Otherwise, it's Welfare time for you. This is the real world, and this is the world you decided to bring a baby into - - one where the parents are either poor (like yourself), or where the parents are deadbeats.

Don't expect much from Society when it's free. No one beats a path to your door trying to help. So, if you couldn't afford to bring a child into this world, and to pay for every penny of it's needs, then you had no business getting pregnant.

IAAL

 

[stargazer0725]

TO IAAL

FYI...I did not just DROP a baby into this world. My ex-husband and I made a conscious decision to have a single child and spent a whole year trying to conceive.

I am not asking you to pay a DIME to assist me any further. My question was if there was a low-cost, direct means of helping MYSELF.

I am in no way poor nor will I have to go on Welfare as you like to assume. I do not, however, have the free cash to go splurging on a high-priced attorney...hence the question on how I can help myself.

AGAIN...I was asking if there was a way to take this to court myself...not asking for freebies, just advice from someone that's woven their way through the legal system prior to me. My ex-husband should be held as duty-bound to support our child on a daily basis as I am and I am getting sick and tired of him playing the system. Nothing more, nothing less.

You apparently have nothing of worth to offer ANYONE on this board other than acidic accusations and poor assumptions (and believe me, I've spent enough time browsing through the boards prior to this to get a feel about how you attack people). Your rude commentary on a help forum is worthless and unwarranted. Best you leave the advice to those that actually like to help others - not degrade them.

As for me, I found the advice that I needed from the county clerk's office and the private process server that I hired to serve my ex with contempt papers myself.