DH is behind on CS - Please help!
Hello, I posted this as a blog & here...hoping that it doesn't get lost.
I’ve been lurking for quite some time & decided that I need to post about a new issue. Please help me…I know that this is a CRAP situation but my DH & I really could use your advice.
There is a messy back story that will make this blog way too long so I am condensing it to this.
SS20 was born when DH & BM (never married) were 18. BM lived with her well to do parents until 3 years ago & DH was in the USMC until 2005 when he was medically retired. His income went down A LOT & he should have gotten the CS reviewed…but he didn’t. He is now behind by quite a bit because he pays half of what is owed to BM each month as directed by the TX OAG. They said that provided he pay SOMETHING showing that he is trying, that they will not go after him in court & that if anyone tried, that the judge would rule in his favor because he’s making payments, even if they are minimal.
DH also pays CS to another BM for 2 kids & he has custody of 2 more. The first BM (of SS20) said that minimal payments were fine because she “didn’t need the money” while the second BM is well…the devil…he’s not behind with THAT one.
A week before SS’s 20th birthday, DH got served with papers asking the courts to remand him to custody for the 5 months that he did not pay in 2010…they are asking for $500.00 & six months in jail per month that was missed in 2010. They also want to charge with criminal contempt.
He met with BM & the lawyer who said that provided he pay $200.00 per month to BM for CS & $50.00 to the lawyer for his half of the fees, that the above would not be enforced. Once DH finishes school (retraining by the VA), his payments will go up to $350.00 to BM & $100.00 to the lawyer until both are paid off.
He is $15,000.00 behind on CS, not including interest.
The purpose of meeting with her lawyer was to try to avoid court…but apparently, he didn’t get the paperwork into the courts in time so DH just found out he has to go to court tomorrow morning.
He’s worried because he has no idea what to expect. He can’t go to jail because he has custody of his 2 youngest kids. He has been making half payments as instructed by the OAG, he’s trying to make good.
Have any of you had experience with your own DH’s or BD’s being taken to court? What was the outcome?
Please help!
He does not have money for a
He does not have money for a lawyer. He does not think that BM's attorney is representing him.
The attorney told DH that he would meet with BM & DH and come up with an agreement which would be signed and submitted to the courts. They sat there, bickered, argued, & finally came to an agreement about what was to be paid. DH agreed to pay half of his attorney fees. The lawyer drew up the papers yet didn't get them to the court in time (so he says) & now there's court tomorrow.
SO is worried that the judge will find him in criminal contempt. He's also worried that he will be put in jail.
The OAG told DH that if he paid half that no judge would find him in contempt but we were wondering what others have experienced.
We are in Texas.
I don't think anyone or any
I don't think anyone or any agency can legally tell him to only pay half of is court ordered obligation. What a quagmire he has gotten himself into...