Sued by Non-Custodial Parent, Alleging Out-of-Court Agreement for Support Payments

My question involves child support in the State of: Texas

So I have been with my wife for 8 years and we have full custody of my step son. Father hasn't paid us one dime in this time. Divorce degree states 650$ per month. We contacted attorney general last year and they hit him with new payment and he owes 70k. Today we get papers he's suing us stating we have a outside of court agreement for payments!!! Never seen one cent!!! And suing attorney general for slander and garnishing without notice..... So anyone have any suggestions or thoughts?! Thanks

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Quoting Bizkit

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My question involves child support in the State of: Texas

So I have been with my wife for 8 years and we have full custody of my step son. Father hasn't paid us one dime in this time. Divorce degree states 650$ per month. We contacted attorney general last year and they hit him with new payment and he owes 70k. Today we get papers he's suing us stating we have a outside of court agreement for payments!!! Never seen one cent!!! And suing attorney general for slander and garnishing without notice..... So anyone have any suggestions or thoughts?! Thanks

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Does your wife have any such written agreement? If not, Dad's blowing hot air. Mom needs to take the papers she has pertaining to this and go and see an attorney.

Nope original divorce decree is all. I think he's looney man cause at this point he's about to get locked up. No one wants that but I'm about to pay 3k for lawyers and now I'm getting pissed. The have canceled his passport but that's it. He state so since 2-17-14 they have taken payments but we haven't seen nada.

It will fun to see proof of this alleged agreement and his compliance. Further, the court can elect to ignore such agreement based on existing orders.

But we get served papers today?! Amazing! Also states attorney General is involved in suit due to slander. Guess his work got a nasty letter asking why they are not complying.

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Quoting Bizkit

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Nope original divorce decree is all. I think he's looney man cause at this point he's about to get locked up. No one wants that but I'm about to pay 3k for lawyers and now I'm getting pissed. The have canceled his passport but that's it. He state so since 2-17-14 they have taken payments but we haven't seen nada.

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Your wife needs to check with the attorney if Dad can be forced to pay the attorney fees when this blows up in Dad's face.

Yeah supposably we can file motion at same hearing stating frivolous actions and get expenses paid. Do you guys think they will toss him in jail at hearing due to non payment and owing 70k?

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Quoting Bizkit

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Yeah supposably we can file motion at same hearing stating frivolous actions and get expenses paid. Do you guys think they will toss him in jail at hearing due to non payment and owing 70k?

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There is one possible thing going on that could make dad's case slightly more sympathetic to a judge.

Some employers (only small ones) with cash flow problems will withhold child support from an employee but serious delay and sometimes never remit the payment to the state. If dad can show paystubs showing that child support has been withheld, but the CSE has never received any money from the employer, it could be the employer that ends up in more trouble than dad.

I don't think its likely in this case, since dad is so very far behind, but its still a possibility for perhaps a newer employer for dad.

I'll point out the obvious.

Dad can't pay if he's sitting in a small cell.

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Quoting Bizkit

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But we get served papers today?

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Why were you served? You don't have anything to do with any of this at all