Modify support order / past due amt

[nanademi]

What is the name of your state? texas

ex & i divorced 'no-fault', child support amt, etc, agreed to, so did it pro se (wore me out; put about 170 research hours into 'building' the papers!)

he switched jobs mid-december, drug his feet getting support set up thru new employer, so finally I got involved & did the legwork so district clerk's office could send info to new employer. no payments made during this, so he was 5 weeks behind once payments started up again.

sent him a cert letter, RR, cc: court, advising of past due amount, and requesting he pay the past due within 30 days of date of letter. against my advice he paid me $200 directly - i told him that if he didn't pay it thru the court, they wouldn't count it, and i was right. he still owes me $200, and the deadline of the letter has passed. he also now makes $4 an hour more than he was when the support was ordered.

I would like the past due amount paid, and the current amount raised (right now, 2 kids, he pays 73.85 a week, calc. i used tells me based on new income of 2400 monthly it should be more like 113.00 a week - 73.85 doesn't even cover day care a week!)

the few attorneys in wise co. i have sounded out about this are prepared to charge me more simply because i had the brains to be able to go pro se at divorce time! i don't understand what the problem is - if the docs had not been sound, trust me, with the judge i wound up with he would've thrown me out, not signed them! (no offense whatsoever to lawyers, i just flat did not have the money at the time for a lawyer, and everything was agreed upon, so why have one?)

money still very tight, so while i don't want to have to invest another 170 brain-busting hours, where can i get specific information on what exactly i need to file to get this remedied?

Many thanks,
nanademi ( a.k.a. cross-eyed & frustrated in texas)

 

[VeronicaGia]

First, since he paid you directly, and you know he paid you directly, just write a letter telling the court he has paid the $200. What's the big deal? You were right in telling him to pay through the court, but either way you got your money.

Now, how old is the current order? Realize that if you are making more money, they will take that into consideration too. And if you're unemployed, he can have your income imputed and there's no need for daycare.

Also, the amount would have to change by 20% or $100.00 in TX for it to be considered a change in circumstances.

go to this website for info at a glance:

http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

Click on TX

 

[nanademi]

VeronicaGia:

Thanks so much for responding! I have been pulling my hair out!

FYI sent a notarzied receipt to the court advising that $200 of the outstanding $400 had been paid to me directly. They told me that they would "put it in the file" but would not add it to the books unless we went back to court & the judge told them to. While i dislike him intensely, i do want to see him get credit for what he has paid! Especially since it was pulling teeth to get the first $200 out of him.

My work situation has not changed since July 1 (same place, making the same rate), the divorce (order) was signed off on by judge Aug. 5th.

the 20% increase / $100 you mentioned to facilitate the definition of 'change in circumstances' - can you look at that monthly, or weekly, or does it matter? He went from 10.25 an hour to 14.15 an hour - a 38% increase.

Anyway- will check the link you suggested, and thanks again for your help!

 

[VeronicaGia]

It would be a monthly amount for his increase. But just because his income went up 38% does not mean his support would go up 38%. If his support would increase at least 20% or $100/month, it is considered a change of circumstances.

But with higher income comes higher taxes. His gross may have increase 38%, but his net???

Try here:

www.supportguidelines.com for a ballpark figure.

 

[ktarra617]

nana,

you said your decree was just ordered Aug 5th right?

so you haven't been divorced even a year yet, correct?

I'm not too far from you, I live in Wise but my case is in Parker.

 

[nanademi]

VeronicaGia-

Thanks again for more excellent direction! Checked the first link you gave me - very helpful. Will check out the second in just a bit.


ktarra - Nice to talk to another wise county dweller! you may find you are very lucky dealing w/ parker co. instead of wise co. ; to say they aren't interested in being helpful is an understatement!

 

[ktarra617]

i was divorced in parker so the case is still there.

the reason i asked about how long you have been divorced is texas only revisits support orders once a year, unless services are rendered by the AG"s office then it is once every three years, has any of the attorney's you talked to mentioned this?

If they haven't I can bet you that is why they are charging so much, they know the court doesn't want to hear modifications of anything within the first year after a divorce.

Been there and been told the same thing by my attorney!

good to meet ya!

 

[ktarra617]

oh and I can understand about Wise County not being helpful at all. I was advised last year to file Criminal Non Support Charges on my ex for his failure to pay support. I was told by both the District Attorney's office and the sheriff's office that they don't do criminal non support cases in Wise County!!

I was under the impression that they had to enforce all the Laws of Texas not just the ones the choose too!

But I haven't been able to get them to do anything. I get the big runaround!

It seems the DA's can pick and choose which laws they want to enforce!

Maybe I need to ask Boxcarbill about that!

 

[nanademi]

ktarra-

Nope, the once-a-year thing wasn't mentioned at all (how convenient!)

So even if i have to wait a year before upping the support, I still have to try to get him to be responsible & pay the past due!

AARRGGHH!


nandemi

 

[ktarra617]

yup you still got to try and get him to pay if, but here's the kicker the county or the district clerks office is not an enforcement agency they will not go after your ex for the money. Eventually you will have to either file contempt on him or let the AG's office handle it. (I would not advise going with the private collection agencies)

but atleast, with the AG's office you don't have to pay for it and they don't care how inconvienent they become for the NCP, then you have him pay through the state and then when he gets behind it starts adding on interest. I know it sounds evil but some people just have to be forced to do things. You can give them a call and see if you want to apply for their services.
their number is 1-800-252-8014.

Yes the one year thing would force you to wait until this Aug 5th before you can file anything civily. I don't know if the AG's office can get the increase before then, you know how fast the state of Texas moves.

Yup rather convenient that they didn't mention that they could be charging you and keep putting you off until later this summer when they could actually get you into court.

Yes I am lucky to still be in Parker but as my ex doesn't live in Parker County either its up to me to move the case and I like it where it is.

 

[Boxcarbill]

oh and I can understand about Wise County not being helpful at all. I was advised last year to file Criminal Non Support Charges on my ex for his failure to pay support. I was told by both the District Attorney's office and the sheriff's office that they don't do criminal non support cases in Wise County!!

I was under the impression that they had to enforce all the Laws of Texas not just the ones the choose too!

But I haven't been able to get them to do anything. I get the big runaround!

It seems the DA's can pick and choose which laws they want to enforce!

Maybe I need to ask Boxcarbill about that!

Yes, the CDA has wide discretion in whether to prosecute and for what offense and even as to who they chose to prosecute.

 

[ktarra617]

you know I know that is the law but that doesn't exactly seem right to me that they can do that, but then again no one said life was fair.

It just doesn't do me any good, Parker county would do it but I don't live there anymore and Wise County flat refuses to do it so my ex gets away with it until the AG's office does something, but oh, I forgot, tick tock the clock is counting and he has to answer to the state on Friday....


tick...tock....tick....tock.....maybe Friday will be my lucky day.

Thanks for answering Bill. I have been wondering about that for awhile now. The best I can hope for is that when we elect a new DA he will prosecute Criminal Non Support Cases.


Thanks again!

 

[nanademi]

ktarra-

fyi went to the first link VeronicaGia spoke of. according to that site (OCSE State Profile), texas (thru IV-D) will review every three years OR upon the request of the CP, NCP, or guardian. Talked to them yesterday; they are sending me an app. It will be much better knowing that someone else will be watch-dogging him besides me! so, in for a penny, in for a pound; i'm going to request that they review it now! the worst they can tell me is no, you have to wait. you know? wish me luck!

 

[ktarra617]

yup I forget that the you can request a review because I have never requested one before because I was afraid my support would be lowered but I have since found out that the minimum wage orders are about 20 - 30 dollars less a month than what I am currently ordered to recieve, so that is not enough of a difference to the court to modify the support orders.

I wish you luck the best of luck. The state does take a while but eventually they will get him for his support.

wish me luck for Friday..tick tock... his time is running out. The AG's gets my ex before a judge on Friday!!!

I will give you this bit of advice, you do have to keep on the state sometimes. They have such a large caseload that sometimes it seems like it takes forever but if you keep in touch and help them it seems to help.

Good luck!!!

 

[nanademi]

ktarra -

will be thinking of you this friday; hope that you are successful.

it is very disheartening to realize the huge effort that sometimes has to be put out by us to make the ex's be responsible and accountable for the children they helped create! BUT much luck friday, please keep me posted!

nana