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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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I HAVE 2 CHILDREN WHO RESIDE IN TEXAS AND I LIVE IN NEW ...

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I HAVE 2 CHILDREN WHO RESIDE IN TEXAS AND I LIVE IN NEW MEXICO. I HAVE BEEN ON WORKMENS COMP SINCE AUG 2007 TIL MARCH 2008. FROM A INJURY I GOT OUT IN THE OIL FIELD, IN NEW MEXICO. I WAS RECEIVING 250.00 EVERY TWO WEEKS FROM WORKMENS COMP. THE COMPANY WAS DEDUCTING CHILDSUPPORT FROM MY CHECK BEFORE I GOT HURT. MY EX-WIFE AND I HAD A VERBAL AGREEMENT THAT AS SOON THEY LET ME OFF FROM WORKMENS COMP, THAT I WILL FIND A JOB AND START PAYING CHILDSUPPORT AGAIN. SHE SAID SHE UNDERSTOOD BECAUSE I WAS NOT WORKING AT THE TIME. BUT, NOW SHE IS TAKING ME BACK TO COURT TO PAY $2,600.00 FOR THE MONTHS I DIDN''T PAY AND BACK CHILDSUPPORT. I DONT HAVE ANY RESPRESENTATION BECAUSE I CAN''T AFFORD ONE AND I JUST STARTED WORKING 1 WEEK AGO AND IF I DON''T HAVE THIS MONEY I CAN GO TO JAIL AND HAVE ALL RIGHTS TAKEN AWAY FROM ME. WHAT DO I DO? I NEVER SAID I WOULD NOT PAY. NOW I THINK I NEED TO GIVE UP ALL RIGHTS TO MY CHILDREN BECAUSE IT HAS BEEN HELL WITH MY EX-WIFE, WHERE SHE IS NEVER HAPPY, MONEY WISE.
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your question.

1) Unfortunately verbal changes to child support orders are not valid. Whenever there is an agreement to suspend child support, a stipulation and request for modification with the court is required. So unfortunately she can request the court to require that you pay the $2,600.00. It will be your burden to prove that she verbally agreed to change.

Further, in Texas you cannot go to jail unless it is proved that you intentionally avoided your child support obligations. Based on the information you provided, I don't see how you would go to jail. You will be required to pay the arrears but not go to jail. In Texas it takes about $5000.00 plus for a warrant to be issued.

2) The law does not allow a parent to terminate their parental rights in order to stop child support. So unfortunately this option will not work for you as the judge will not release you from your financial obligation.

3) All you can do is present your argument that there was a verbal agreement. In the alternative you can negotiate a payment plan so that you can make the payments.


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