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Child Support Arrearge and new children

  • Thread starter Thread starter Cmom
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Cmom

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I recently went to court over past due child support owed to my ex husband. We settled in agreement for the sum of $20,000 in Texas. My attorney told me there would be no interest, past nor present, added to the amount and so I agreed in court with the agreement I would pay $100 a month towards this along with $200 month current child support. Later when my ex's attorney sent over the paperwork it included the states automatic interest of 12% per year. I refused to sign the paperwork and fired my attorney for misrepresentation. I got a new attorney who said that the order was taken to the judge without my signature and entered anyway. Can this be done? This is not what I had agreed to. Can my attorney (at that time) be held accountable financially for not telling me about the state's automatic interest?

The problem now is that the Attorney General's office has realized that I will acrue more interest each year than I'm paying and so they have increased the amount of arrearage I should pay from $100 to $250. $50 is applied to the principle and they are taking $225 for the interest. They want $250 for interest, but then they would be taking more than 55% of my paycheck. Problem 2 here is that I have 2 more children, one of them being special needs due to a form of autism. He could not be placed in a daycare from ages 2 till 5 (now) and so I could not work in which the arreage was primarily acrued. I make $1400 a month bring home with my new job, but found that with the deductions of $450 total I could not pay for summer daycare without losing money. The daycare was $1000 a month. I was negative $50 and had to quit. I asked to renegotiate the amount of the arrearage to reflect my situation and was told no. The AG's office refused to consider that I have a legal obligation to support my 2 other children because there is no court order providing me to. They then threatened me with jail. Can you be legally jailed over a child support debt when you are currently making the current payments? Can I request the state remove the interest? What can I do? I was originally ordered to pay $300 when I only made $7 an hour to begin with back then. I feel that with what I am capable of earning, I will never have the financial means to pay this and will be jailed.

 



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