How far behind in child support do i have to be before im put in jail

Asked over 2 years ago - San Antonio, TX

the mother is threating me to put me in jail

Attorney answers (1)

  1. Min Gyu Kim

    Contributor Level 12


    Lawyer agrees

    Answered . In Texas, if their is a court order regarding child support, each and every single time they miss a payment is a violation that amounts to a contempt of court. Their are 2 types of contempt action that an child support enforcement will ask for, criminal and civil. Criminal contempt is made for each month you missed the child support payments and civil contempt is for the arrears at the time of the enforcement action. The obligor can raise an affirmative action, one of which is inability to pay to the extent, he had no property to sell or take a lien out on, no family or friedns to borrow money from, etc.. Moreover, as a stalling affect, the enforcement pleading itself will be challenge to for lack of specificity, ie special exception. However, it will not get rid of the case, but merely stall the case.

    WIth that said, either before or after your ex spouse files for the enforcement, the filing will become "moot" if you pay the whole amount, but if it is done after your ex spouse files for enfocement, you will still be obligated to pay her attorneys fee.

    Sorry for the vague answer, but child support enforcement matters are delicate and complicated to defend. Consult your local family law attorney who is familair with child support defenses to give you more specific advice as to what can be done.

    Good luck and wish you success

    Min Gyu Kim (Peter)

    The statement above is general in nature and does not constitute legal advice, and in no way be interpreted as... more

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