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Asking if you reside in TX, if your ex husband no longer works and just stays home then he doesn't have to pay child support?

Juicy question I know...but here is the thing. My ex husband has been out of work for his back for several months now, and I'm pretty sure he has decided to stay home and take care of his newer kids while his girlfriend goes to work. They are not legally married. So does that mean I don't get any child support from him now? I have full custody of the children.

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Anonymous

Asked by Anonymous at 9:38 PM on Jun. 1, 2010 in General Parenting

Answers (11)
  • no he still has to pay. you can take him back to court if you want to enforce the divorce decree
    MomOfDagJag

    Answer by MomOfDagJag at 9:39 PM on Jun. 1, 2010

  • But why would he have to pay if he has no income? And how would they decide how much he would pay?
    Anonymous

    Answer by Anonymous at 9:41 PM on Jun. 1, 2010

  • it is already set they would just be enforcing it. My cousin has to pay my aunt child support (My aunt is raising her child) and my cousin is a stay at home wife.
    MomOfDagJag

    Answer by MomOfDagJag at 9:43 PM on Jun. 1, 2010

  • Would the child support division of the attorney general be able to enforce that? Our child support is run through them. It was being pulled automatically from his check before he quit because at one time, he was behind. However, until he quit his job, he was currently up to date.
    Anonymous

    Answer by Anonymous at 9:46 PM on Jun. 1, 2010

  • call the attorney general. they will tell you what steps to take
    MomOfDagJag

    Answer by MomOfDagJag at 9:47 PM on Jun. 1, 2010

  • Thanks for your help. That is my next step.
    Anonymous

    Answer by Anonymous at 9:48 PM on Jun. 1, 2010

  • nope she is not married to him. they are enforcing the old child support papers
    MomOfDagJag

    Answer by MomOfDagJag at 9:48 PM on Jun. 1, 2010

  • So he's a stay-at-home dad? What's wrong with that? You make it sound like he's sleeping all day or something. If he's not working outside of the home, I'm not sure how you could expect to collect child support. His girlfriend isn't legally required to pay you a dime. So I don't know what to tell you. Can't you support your child without child support?
    Anonymous

    Answer by Anonymous at 10:05 PM on Jun. 1, 2010

  • "So he's a stay-at-home dad? What's wrong with that?"

    What's "wrong with that" is he is not supporting HIS first children. It is (at minimum) a financial obligation like any other. When a judge makes an order for child support, he is creating a custom-made law just for you to follow. If you fail to comply with the terms of the child support order, then you can be found in contempt of court. In most civil cases, issues remain civil in nature, and don’t necessarily involve the prospect of incarceration. This is not true of child support. The failure to pay child support has therefore developed into a quasi-criminal type of case, in which you can be found in violation of both civil terms and criminal laws. Choosing to be a SAHP is not an inability to pay child support.
    happytexasCM

    Answer by happytexasCM at 11:21 PM on Jun. 1, 2010

  • In order to prevail on this (inability to pay) defense you must convince the court of EACH OF THE FOLLOWING:

    a. You lacked the ability to provide support in the amount ordered;
    b. You had no property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;
    c. You actually attempted to borrow the funds needed but were unsuccessful; AND
    d. You knew of no source at all from which you could have borrowed or obtained the money by ANY legal means.
    happytexasCM

    Answer by happytexasCM at 11:21 PM on Jun. 1, 2010

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