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I have been served with a motion for enforcement of child…

Customer Question
I have been served...

I have been served with a motion for enforcement of child support and medical support what do i need to do to avoid jail time ?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

What do you mean?

Lawyer's Assistant: What confuses you?

What would be filed or reported ?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 1 year ago.Category: Family Law
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Answered in 5 minutes by:
10/30/2016
Family Lawyer: RayAnswers, Lawyer replied 1 year ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,166
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 1 year ago

Can you make a partial payment toward your arrears, it shows good faith with the judge and helps you avoid jail.Make it prior to court if you can.It has been my experience something here to show you are trying can mean the difference between hard time and no time probation.

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Family Lawyer: RayAnswers, Lawyer replied 1 year ago

You may want to file response to their motions setting out your reasons for being in arrears and include that you have made a partial payment in good faith to come into compliance here with the court's prior orders.

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Family Lawyer: RayAnswers, Lawyer replied 1 year ago

Here to find a party guilty of contempt, the court cannot simply conclude that the accused party did not act in accordance with the decree. The court must also conclude that the accused party did have the ability to comply and therefore violated the decree both deliberately and without good reason.

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Family Lawyer: RayAnswers, Lawyer replied 1 year ago

I appreciate the chance to help you.

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Family Lawyer: RayAnswers, Lawyer replied 1 year ago

Sec. 157.008. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF CHILD SUPPORT. (a) An obligor may plead as an affirmative defense in whole or in part to a motion for enforcement of child support that the obligee voluntarily relinquished to the obligor actual possession and control of a child.

(b) The voluntary relinquishment must have been for a time period in excess of any court-ordered periods of possession of and access to the child and actual support must have been supplied by the obligor.

(c) An obligor may plead as an affirmative defense to an allegation of contempt or of the violation of a condition of community service requiring payment of child support that the obligor:

(1) lacked the ability to provide support in the amount ordered;

(2) lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;

(3) attempted unsuccessfully to borrow the funds needed; and

(4) knew of no source from which the money could have been borrowed or legally obtained.

(d) An obligor who has provided actual support to the child during a time subject to an affirmative defense under this section may request reimbursement for that support as a counterclaim or offset against the claim of the obligee.

(e) An action against the obligee for support supplied to a child is limited to the amount of periodic payments previously ordered by the court.

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Family Lawyer: RayAnswers, Lawyer replied 1 year ago

Include c in your response

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Family Lawyer: RayAnswers, Lawyer replied 1 year ago

That you lacked ability to pay all.

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