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Recieving a Child Support Order While in Jail

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  • 05-27-2009, 11:56 PM
    TexasProud
    Recieving a Child Support Order While in Jail
    My question involves child support in the State of: Texas

    I have a question concerning back child support. My wife's ex husband was ordered by the court to pay child support back in 2004. The divorce hearing took place about a month after he had been arrested in placed in jail. The divorce decree stated that the first payment was to begin 30 days after his release from jail. He was not released from jail until May 2007. So my first question would be, is he responsible for those three years of child support? At the time the divorce hearing took place the child was 6 months old. Will he be required to pay support for the first three years of that child's life? Then upon his release from TDCJ in May of 2007, he did not begin paying child support. He was out of prison for one year and one month before getting arrested again. He never paid any child support. Now he has been in jail since June 2008 and clearly still no support. So all in all since the divorce hearing at the beginning of 2004, he has never paid one payment of child support. Does he owe for the time he was in jail, or only the one year he was free? The divorce papers don't say anything about it, other than he would make the first payment 30 days after his release (which was three years later).:wallbang:
  • 05-29-2009, 06:04 PM
    Mr. Knowitall
    Re: Recieving a Child Support Order While in Jail
    If the judgment says he starts paying support one month after his release from jail, and he was released in May, 2007, you've just told us that the order says he was to start paying support in June, 2007. We can only go by what you tell us, and we can't read the divorce judgment from where we're located. If your wife wants to try to get support predating June, 2007, or to try to collect arrears subsequent to that date, she should have a local family lawyer review the judgment and advise her.

    Does this guy actually have any money?
  • 05-31-2009, 01:33 PM
    TexasProud
    Re: Recieving a Child Support Order While in Jail
    Ok, it's not worth hiring a lawyer to look into it. No the guy doesn't have any money. We are trying to terminate parental rights, seeing how the child is almost six now and he's never paid a dime in child support since the child was born. However, he will not voluntary turn over his rights (he was granted no access in the divorce decree) so I'm hoping maybe it will make it easier for us to terminate since he's never paid a dime. He's also never provided the court appointed health insurance and was recently convicted by a jury of reckless injury to a child (a 3 year old) a state jail felony. Does the possibility of termination in this case look likely?
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