My ex is in default of his current order to pay $1500/mth of ($115 insurance and $1385 child support) he makes over $400K/year. A capias was issued last month. In addition to the new cap what can I ask for? I'd like to ask for a insurance policy since he is self employeed and doesn't pay into social security. Can I ask for 50% of recreation activities, school, what else?
I agree with the two prior attorneys that you need a lawyer. In order to get any additional child support above the cap, you have to show specific expenses of the child/ren that exceed the child support. If the Attorney General issued the capias the best thing you can do is try to hunt down your ex and notify the sheriff's office of his location. An arrest will certainly cough up some money for you. I would be happy to talk to you about the case. I handle child support collection cases in Harris County.
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Family Law Attorney
Well, let's see...if he makes $400K per year, he can afford to hire a lawyer to help him out, whether it's with the capias, enforcement, modification etc. You would be well served to think about hiring an attorney to represent you.
Some of the other things you mention...recreation activities, school, etc. should have been covered in your previous order/decree. It may be that he will agree to pay for some of those things, but given what you've said about him, that's not too likely.
As a practical matter, I think at this point you may be limited to getting support raised to the new cap level. But, since he's not paying now, just raising his support obligation does not mean you'll actually receive more money.
Getting him to post a cash bond will, I think, be more of the same. You're going to need to get him actually in court and get the judge to hold him accountable for his actions.
Family Law Attorney
If you were divorced and insurance policy is something that should have been discussed in mediation. Texas law does not require that a parent provide income for children upon the death of parent. Some orders say that child support shall continue to be paid by the estate of the deceased parent. To make arguments that he should contribute additional $$$ over guidelines child support, you will need an attorney to make those argument = extracurricular, private school, before and after school care, etc. can be addressed. If you are going to do that, you will go to mediation again, so you might want to consider asking for a monthly or annual contribution to a college fund. Again a court cannot order a college fund but this can be agreed to in mediation. You really need an attorney to work with you on preparing the evidence to show the need and his ability to contribute to those needs.
I recommend that you consult with an attorney regarding this matter.
This is an area where you need an experienced attorney's assistance. If you and your ex can go to mediation for a modification, that is a viable option less expensive than litigation, but given the fact he has disregarded the court's prior orders, I'm not sure how compliant he will be on another order. He might need an attitude adjustment from the judge. If you go to court, then you've got to get geared up to meet your burden of proof as to why beyond guidelines support is appropriate. Make sure you carefully document all the extra expenses such as materials for projects, special calculators, athletic equipment, and the list could go on and on. To get an insurance policy to secure child support payments would have to be done in mediation as Kathleen mentioned. Good luck.
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