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  1. #1
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    Jan 2012
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    Default How to Make Dad Responsible for Support

    My question involves child support in the State of: Texas
    My cousins was given custody of my kids and I was ordered to pay support for them. At the time all this happened their fathers didn’t come to any court proceeding and i was left to carry the burden alone. The courts didn’t specify a visit schedule and my cousin didn’t feel it was necessary for me to see my kids so i hired an attorney to try and get me custody and standard visitation until custody could be reassigned. When served paper to modify the current order she filed a Motion to enforce child support she also requested that i be placed in jail for 180 days and fined $500 for each violation. Over the years i have fell behind in support payments when i was without work but for years now I have worked consistently and she gets paid every time I get paid.
    This was her only defense even though i pay extra for back support, i have bought every shoe they have worn for the last 6 years,(the sole will have to be missing before they get a new pair), i purchase school clothes, socks, underwear, i get their haircuts…etc on top of my payments. She may even be getting government assistant and do get to see any money I pay.
    We never made it before a judge so now im representing myself because i can’t afford an attorney and filing for sole custody and representing myself and need to know is it possible to take the back support i owe and make their fathers responsible for it since they haven’t paid a dime to support our kids? To be able to free my money up since they will be living with me full time what paper must I file to get something like that? Is it possible that I could be put in jail even though I’m making payments?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Make Dad Responsible for Support

    If, for some reason, nobody sought a child support order against the fathers, somebody should do that.

    If and when that happens, and if they are made jointly responsible for part or all of what you have failed to pay, they can be pursued for support as well. But you will remain responsible for the support you have been ordered to pay.

    If you are choosing to make gifts to your children, that's great, but gifts don't substitute for paying your court-ordered child support.

    If you are ending the guardianship and the children will be living with you, you can attempt to secure support orders against the fathers.

  3. #3

    Default Re: How to Make Dad Responsible for Support

    Quote Quoting sugar1998
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    My question involves child support in the State of: Texas
    My cousins was given custody of my kids and I was ordered to pay support for them.
    Because it matters....WHY were your children taken away from you?


    At the time all this happened their fathers didn’t come to any court proceeding and i was left to carry the burden alone.
    How many children are there, and how many fathers are there?


    The courts didn’t specify a visit schedule and my cousin didn’t feel it was necessary for me to see my kids so i hired an attorney to try and get me custody and standard visitation until custody could be reassigned.
    Unless the custody given to your cousin was only temporary in nature, why would custody be reassigned?


    When served paper to modify the current order she filed a Motion to enforce child support
    That's what she should have done. She's raising the kids, she has the right to receive support.


    she also requested that i be placed in jail for 180 days and fined $500 for each violation.
    Sanctions against you if child support violations occur will be up to the court, not her. Courts understand that if you're in jail, you're not working and earning money to pay the support, so no, most judges don't start using jail time as a penalty unless you're purposely not working, purposely not paying, or otherwise flagrantly not making an effort or unless payment problems are chronic or recurring.


    Over the years i have fell behind in support payments when i was without work but for years now I have worked consistently and she gets paid every time I get paid.
    That's good - but be very careful - because technically, I'll bet the child support order gives a specific amount and probably a date by which the money is due each month. Regardless of your pay schedule, it's important to stick to what the order says, lest cousin have grounds to grumble about it to the judge.


    This was her only defense
    What was a defense? Defense to what?


    even though i pay extra for back support, i have bought every shoe they have worn for the last 6 years,(the sole will have to be missing before they get a new pair), i purchase school clothes, socks, underwear, i get their haircuts…etc on top of my payments.
    Which is all well and good, but doesn't change the support amount.


    She may even be getting government assistant
    Not relevent.


    and do get to see any money I pay.
    Correct. You don't.


    We never made it before a judge so now im representing myself because i can’t afford an attorney and filing for sole custody and representing myself
    The court gave guardianship of your children to someone else - that's a pretty big deal. If you're realistically going to get the court to change it's mind, I can't stress strongly enough that without an attorney, custody isn't likely to change unless your cousin is found to be unfit (such as by child services) - and even then, the court's choice of where to place the children is NOT going to be with someone who has already lost custody of them in the past.


    and need to know is it possible to take the back support i owe and make their fathers responsible for it since they haven’t paid a dime to support our kids?
    Had those fathers been paying when you lost custody, those fathers would have been ordered to start paying cousin instead of paying you. But if you never went after their fathers for support when you had the children, no. If the children are ever placed back with you, you can pursue them.



    To be able to free my money up since they will be living with me full time what paper must I file to get something like that?
    If the court orders custody to you, then you file for modification of support to reflect that you'd have the children going forward. You'll still likely owe the arrears, but it would then free you up to go after the fathers for support.


    Is it possible that I could be put in jail even though I’m making payments?
    If behind, it's always a possibility, but in your case probably not a STRONG possibility, since you are making payments and the courts want to keep it that way.

  4. #4
    Join Date
    Feb 2011
    Posts
    131

    Default Re: How to Make Dad Responsible for Support

    Quote Quoting sugar1998
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    and make their fathers responsible for it since they haven’t paid a dime to support our kids?
    Why would the fathers be responsible for any more than half if you are also a non-custodial parent?

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