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Caught in the Middle of Child Support Dispute in Texas

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  • 08-15-2008, 12:47 AM
    russiamutha
    Caught in the Middle of Child Support Dispute in Texas
    My question involves child support in the State of: Texas

    I'm posting relating a child support that my father had been involved in. Basically last September, his ex-wife had filed for child support modification through court, thinking that my dad makes over $6k/month.

    My father is an independent contractor for a trucking company which he partially owns with me. Although his gross income seems high, after all deductions, his net income on 1099 has come out to about $24k/year for the past 5 years.

    The opposing attorney requested for us to produce pay stubs and evidence of employment for the past 6 years, and unfortunately our inexperienced lawyer who was protecting my father's side, agreed that we would produce those things. Unfortunately, that was not possible for us to do so, as we just cannot produce some of the thing that are back dated so far.

    Long story short, we have lost the case in June, and my father was ordered to pay $1100 + $500 for the past difference, which comes out to 1/2 of what my dad actually makes. Opposing attorney has also locked his personal accounts, including one that I had with him as a joint account since I was 16, as WAMU requires a parent to be on the same account with minor to receive a visa card. He took the money that I was going to use to pay my college tuition this upcoming semester, but looks like I will be staying home now. I tried calling that attorney along with people from WAMU, but he just ignored us.

    My father was not able to pay the ordered amount and cannot pay it in a near future. So we have received a citation from that attorney which is for enforcement of child support, stating that if the court grants it, my dad would be spend 180 days in jail for each occurance.

    He needs to appear in Sept., and since he not fluent in English, is there anything I can do to help? we cannot afford a lawyer and I dont know what I am going to do if they put him in jail for not being able to pay the amount they ordered.

    Texas law states that he should pay 20% of disposable salary as child support, meaning that other attorney calculated it as $10000/month.

    -Eduard.
  • 08-15-2008, 02:41 PM
    Xena
    Re: Caught in the Middle of Child Support Dispute in Texas
    Has your dad been making any payments at all?
  • 08-16-2008, 11:14 AM
    russiamutha
    Re: Caught in the Middle of Child Support Dispute in Texas
    Quote:

    Quoting Xena
    View Post
    Has your dad been making any payments at all?

    yes has. he's been making payments roughly 1/2 of what the court ordered him.
  • 08-16-2008, 11:42 AM
    Mr. Knowitall
    Re: Caught in the Middle of Child Support Dispute in Texas
    Quote:

    Quoting russiamutha
    View Post
    Although his gross income seems high, after all deductions, his net income on 1099 has come out to about $24k/year for the past 5 years.

    Not all deductions that may be listed on a 1099 are valid to reduce income for purposes of determining child support. For example, is the business paying for his personal vehicle?
    Quote:

    Quoting russiamutha
    Unfortunately, that was not possible for us to do so, as we just cannot produce some of the thing that are back dated so far.

    Sure you can. He can get them from his former employer(s).
    Quote:

    Quoting russiamutha
    I tried calling that attorney along with people from WAMU, but he just ignored us.

    And he's free to do that. If you can prove the money in the account was yours, you should bring a motion with the court that ordered the garnishment.
    Quote:

    Quoting russiamutha
    Texas law states that he should pay 20% of disposable salary as child support, meaning that other attorney calculated it as $10000/month.

    20% of $6,000 = $1,200, not $10,000.
  • 08-18-2008, 10:53 AM
    russiamutha
    Re: Caught in the Middle of Child Support Dispute in Texas
    Quote:

    Quoting Mr. Knowitall
    View Post
    Not all deductions that may be listed on a 1099 are valid to reduce income for purposes of determining child support. For example, is the business paying for his personal vehicle?

    Sure you can. He can get them from his former employer(s).

    And he's free to do that. If you can prove the money in the account was yours, you should bring a motion with the court that ordered the garnishment.

    20% of $6,000 = $1,200, not $10,000.

    deductions on his 1099 were strictly for personal expense while on the job. Any company related expenses were filed under corporation.

    he has been self-employed for the last 5 years as a contractor. Some of the companies he worked for, are no long in business.

    And yes, I can prove that the money in that account was mine.
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