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  1. #1
    Join Date
    Feb 2009
    Location
    Texas
    Posts
    33

    Default Ex Behind $17,000 and Government Taking Away My Money

    My question involves child support in the State of: Texas

    Hello! I have a quick question regarding my child support, arrears and medicaid. I have had sole legal custody of my children for the past 12 years due to my ex being in and out of incarceration. Our son is now 20 so I'm not receiving child support for him (just the arrears) but I am still receiving child support for our daughter. He started paying on the child support and was slowly catching up until he lost his job last year. He is now over $17,000 behind and still not paying and does not have medical insurance for our daughter even though he is the one that is to provide it. I lost my job last year and so I got medicaid for our daughter so that she would have some kind of insurance and be able to go to the doctor. Last year, the state kept his income tax return to apply towards the arrears and it did go towards the arrears, but then the state took it back to pay towards the medicaid that my daughter was receiving. I have a couple of questions now, starters, how far behind does my ex have to be before the state goes after him? My ex told my husband that he works under the table and gets paid cash. So technically, the state can't garnish his wages and I have no way to prove that he's working. Two, why is the state coming after my money (tax returns and child support) for something that my ex is supposed to be providing for our daughter? I understand that I'm the one receiving the aid for her, but why are they not going after him for this? I feel that I'm the one being wronged even though all that I have done is raise my children pretty much on my own with no help from my ex for most of their lives while he's living with his parents and girlfriend and not having a care in the world except is the weather nice enough to go out for a ride on his Harley. Advice would be really helpful. Thank you!!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex Behind $17,000 and Government Taking Away My Money

    The state (or you) can go after him for any arrearage. But if he's broke and unemployed, what do you expect to happen - you can't get blood from a stone. If you can prove to the child support agency or, on your own motion, convince the court that your ex- has a job and is being paid under the table, perhaps you can initiate contempt proceedings.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Ex Behind $17,000 and Government Taking Away My Money

    You do realize that you have an obligation to provide support to your child as well, right? This includes medical insurance. While it may not seem fair to you, how fair is it that the taxpayers have to pay to insure your child? They had absolutely NOTHING to do with the making of your kids. You, at least had half of the fun, so if he won't do it, you'll have to. It's just the way it is sometimes.

  4. #4
    Join Date
    Feb 2009
    Location
    Texas
    Posts
    33

    Default Re: Ex Behind $17,000 and Government Taking Away My Money

    And you do realize that I have been supporting my child for 15 years, right?? And my oldest for 19 years, with no help from their father except for a few months of child support. I have no complaints about supporting my child, so don't make it sound like I do. So your first remark was not needed. And I'm not saying that it's not fair to me to pay for the insurance (I did it before) and that the taxpayers should do it. My question was why are they not going after him to repay the insurance that he is supposed to be providing. I did provide insurance for her, unfortunately, I lost my job! And as for the taxpayers paying to insure my child, I was one of those taxpayers that was paying to provide insurance for other children, but yet I never complained, but even though I was one of those taxpayers, when I need insurance for my child, I'm wrong? I posted a question to get some advice, not to get a lecture. If you know the laws here, then please feel free to give me advice, I would greatly appreciate it.

    Thank you for the advice. I have contacted the State and they just sent out a second deliquency notice to him. I know I can't get blood from a stone. I don't want him to go to jail because he isn't paying his child support, I have more of a chance of getting child support with him not in jail, so that's where the dilemma is. I just want him to do what is right for his daughter and that's to have BOTH parents in her life supporting her, financially, emotionally, etc. But it's only me and her stepfather, fortunately! Unfortunately, I have no way to prove that he is working under the table and getting paid because the ones that are paying him are his family members and the only one that he has told that I know of is my husband, so it would come down to who the judge would believe if we did go to court.

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