He claims to be on disability, yet he tells my son that he operates an auto repair shop out of his home garage. He's always been like that - getting paid under the table and/or in beer! My question is this: Can you collect child support from someone on disability? Oh, and when doing a google search on his wife's name, I saw that she was involved in an accidental shooting at work a few years ago. I'm thinking she probably received a settlement. But that's probably strictly her money, right? Thanks!
2006-10-07 18:57:04 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Go to your local Child Support Office and apply for services there. Make sure you take the LAST COURT ORDER THAT WAS FILED. This will let them know that what you are telling them is true. This order will also include how much Child Support your ex is to be paying. They will file an order with Arizona to the Child Support Enforcement Office there and the Two states will work together to obtain Child Support for you.
You have to stay on top of them though, make sure that they are handling your case. Call them every day to see what kind of progress they are making, if any.
In addition I have listed some sites for you to look over.
Wish you luck!!!
Child Support
Austin, Texas Child Support Attorney
Divorcing or separating parents generally understand that it is their responsibility to continue to provide for their children even if they no longer live with them. However, understanding and meeting child support obligations as they are determined by the state of Texas is not always an easy task. Contact family law lawyer David Todd for advice, counsel and legal representation concerning child support, whether you are a mother or father, and whether you are a custodial or non-custodial parent.
Child Support Concerns of Custodial and Non-Custodial Parents
As a non-custodial parent, you want to ensure that you understand what you need to do to meet your obligations so as not to be penalized - or leave your child without adequate resources to grow and thrive. Also, you may need help enforcing child visitation rights or modifying a child custody arrangement.
As a custodial parent, you want to know how child support orders will be enforced and what to do if the money doesn’t come as needed.
In either case, family lawyer David Todd is ready to assist you in considering all relevant income sources of both parties and seeking modifications if necessary when income levels change.
Dealing with the Texas Attorney General’s Office; Resolving Disputes through Mediation; Litigating to Enforce Child Support Orders
David Todd, Attorney at Law is experienced at handling all family law issues involving the Texas Attorney General’s Office. Any related issues such as child custody that can be negotiated between you and your child’s other parent may be resolvable through David Todd’s mediation services. On the other hand, if litigation is necessary to protect your rights in the area of child support or child custody, he is ready to represent you in court.
To schedule a consultation to discuss your child support questions or any other family law concern, such as divorce, child custody, adoption or paternity, contact an experienced Texas child support law attorney.
Law Office of David Todd
Attorney at Law
812 San Antonio Street, Suite 105
Austin, TX 78701
Phone: 512-472-7799
Fax: 512-477-1332
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David Todd, Attorney at Law, practices family law serving Austin, Texas and central Texas communities including Bastrop, Round Rock, Georgetown and San Marcos, and Travis, Williamson, Hays and Bastrop counties.
Overview of Texas Child Support Laws
Chapter 154 of the Texas Family Code sets forth guidelines for guidelines for calculating child support. Although they are called guidelines, you might as well view them as laws set in stone because judges rarely deviate from these guidelines.
Only a parent can be ordered to pay child support. The parent ordered to pay child support is known as the obligor. The parent who receives child support is known as the obligee. There is a formula set forth in the guidelines to calculate a child support obligation and this formula is based on the three things:
The obligor's monthly earnings
The number of children the obligor is to pay this child support to
The number of other children the obligor is legally obligated to support
Medical support is also provided for in the child support guidelines. Most often, anyone ordered to pay child support is ordered to provided medical support for the children. This means the obligor has to either provide hospital and major medical insurance for the children or reimburse as additional child support, the other parent person who is providing the health insurance. Out of pocket costs (not monthly premiums) and co-pays are usually split 50/50 between both parents.
Most every child support order sets forth a child support collection agency to receive the child support from the obligor and to disperse it to the obligee. The Texas Attorney General Office is responsible for collecting most child support ordered in Texas. The Family Code also provides for local child support registries, such as the Tarrant County Child Support Office, to collect and disperse payments as well. However, most local registries are now sending payments to the Attorney General for disbursement which indicates a bleak future for local registries as we know them. Texas Fathers For Equal Rights is very supportive of our local registry, the Tarrant County Child Support Office, and we hope they continue to exist.
If child support is not paid as ordered, enforcement of the child support order becomes a very real possibility. The Texas Attorney General Office or a private attorney hired by the obligee can file a motion for enforcement with the court and if the obligor is found guilty of not paying child support as ordered, jail time or probation usually results.
Enforcement of Child Support
Texas Family Code chapter 157 addresses the enforcement of a child support order.
The Texas Attorney General, the obligee through a private attorney, or a friend of the court, can bring a lawsuit against an obligor who has not paid his child support as ordered. This means that there will be a trial to determine whether or not the obligor paid his child support as ordered and whether or not the obligor had any affirmative defenses for not paying. Below is a compilation of affirmative defenses listed in the Teas Family Code :
1. The obligee voluntarily let the child live with and be supported by the obligor. These periods that the obligor had the child(ren) must be above and beyond any court-ordered periods of possession and these periods must coincide with the times the obligor did not pay child support. An obligor who met these conditions may request reimbursement from the obligee (Texas Family Code 157.008 (d)). Note: this does not mean that the obligor need to only verbally request to the judge for reimbursement. Proper legal paperwork must be filed making this request.
2. The obligor lacked the ability to provide support in the amount ordered. This means that he lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed or attempted to unsuccessfully to do so with the property. It means that the obligor attempted unsuccessfully to borrow the funds needed. It also means that the obligor knew of no source from which he could have borrowed or legally obtained the funds.
The enforceability of an order is another issue. A person can not be found in contempt of court if the portion of the order allegedly violated is unenforceable.* A child-support order must be very specific regarding dollar amounts, start dates, manner of payment, etc. and a large percentage of child support orders (especially those written by private attorneys and older Attorney General child support orders) are not enforceable. If the accused feels that the orders are not enforceable, it is up to the accused (or the attorney of the accused) to properly present this allegation of un enforceability to the court.
At the trial, if the judge finds that the order was enforceable, that obligor did not pay his child support as ordered, and had no affirmative defenses for not paying then he will most likely be found in contempt of court and punished with jail time or community supervision (probation) and the court can place a lien on the property of the obligor. Also, a person found in contempt of court is usually ordered to pay court costs and any attorney fees (including those incurred by the other party).
*Note: Just because a child support order is unenforceable, it doesn't mean that the obligor doesn't have to pay. It only means that the obligor will not go to jail this time. The obligor will still owe the money and the court will render enforceable orders to ensure that the obligor is subject to a jail sentence if he or she continues to not pay the child support (and back child support) as ordered. http://www.tferfw.org/TFER/child_support/cs_laws.htm#overview
Child Support Services
As the official child support enforcement agency for the State of Texas, the Office of the Attorney General provides services for parents who wish to obtain or provide support for their children. The Child Support Division determines, on a case-by-case basis, which of the child support services listed below are appropriate:
Locating a non-custodial parent
Establishing paternity
Establishing and enforcing child support orders
Establishing and enforcing medical support orders
Reviewing and adjusting child support payments
Collecting and distributing child support payments
To Apply For Services
Contact your local Child Support Field Office or call 1-800-252-8014 and receive an application by mail. Or, you can use our interactive web page to apply on-line or to request an application be mailed. Complete the application when received and send it to the nearest Child Support Field Office.
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Locate-Only Services
These services are available to individuals who are not receiving full child support services, but who request help in locating a parent.
These services may be requested only for the purpose of:
establishing a court order for paternity, child support, or medical support;
collecting court-ordered support; or
enforcing custody or visitation.
The State Parent Locator Service provides only information about the missing parent's possible location(s). The State Parent Locator Service obtains the latest available address and employment information about the missing parent from state and federal records, and forwards that information to the applicant. The State Parent Locator Service is not permitted to verify or investigate the information obtained, and cannot guarantee that the missing parent will be found.
Who May Use Locate-Only Services
You may apply for State Parent Locator Service if you are:
the custodial parent with physical possession of the child(ren);
a person (other than a parent) who, for at least the past six months, has had physical possession of the child(ren);
the legal guardian or managing conservator with legal custody of the child(ren);
a judge or agent of a court with jurisdiction over the paternity and/or support case;
a court with jurisdiction to enforce custody or visitation; or
the attorney of the child(ren) for whom paternity and/or support is sought.
Application for Locate-Only Services (English/Spanish)
Complete the application and send it to:
Office of the Attorney General
Child Support Division - MC 040
State Parent Locate Service
P.O. Box 12017
Austin, TX 78711-2017
http://www.oag.state.tx.us/child/index.shtml
2006-10-07 19:16:22 · answer #1 · answered by Shalamar Rue 4 · 0⤊ 0⤋
Yes you can get money from someone on disability, but you need to contact your local child support enforcement office, you need to provide them with a lot of information because he is out state AZ will not go after him and since he's over $200K they can put him in jail (not that this will do you any good) ... also if they are truly married it's a community property state I think you might be entitled to some of the settlement, I would contact LEGAL Aid and go from there they will help you out. Good Luck
2006-10-07 19:04:03 · answer #2 · answered by emnari 5 · 1⤊ 0⤋
Many of the problems you may be facing could be just the tip of the iceberg on what is really happening in your marriage. I dont mean to scare you but many problems when they either first show up or if they keep reoccurring could be just whats showing from a larger problem that either you or your spouse cannot even see. One of the only things you can do to help is to talk honestly and openly with each other in the marriage. If things become more serious more serious options need to be looked at as possibilities. I have a blog that has more information on some of what I've been writing about. If you feel like checking it out I would completly suggest it. Read here https://tr.im/Jotgr
Love is a choice that is made everyday when you wake up and every night when you go to sleep. Some days you may not feel the original feeling but love isnt a feeling or an emotion. Its an action a verb. Falling out of love may just mean you need to spice things up a little or that you were never in love in the first place. Don't just get out of a marriage just because you don't think you like the person anymore.
2016-07-18 21:22:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I am not familer with the Child support law but I think you get help from the attorney generals office the District attorney or some thing like that you probably know what I'm Tring to say You have to contact them try to get your husbands address in Arizona tell him your child wants to send him a picture ,card or something trick him into giving you his address and talk to some one at that office who ever is in charge of collecting child support in Texas and give them this information and yes your child can get money out of his disability checks & yes if he remarried and new wife has money your child has a chance to receive some of that monies.For $200 K he owes your son the state of texas or the feds will probably go meet with him .In texas you do day per day in county for not paying child support .good luck to you wishing you the best of luck..
2006-10-07 19:41:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Screw what he claims. And it doesn't matter what state he's in. If he owes money, he owes you money. Call AZ and find out what hoops you have to jump through.
FYI - 'STAY AWAY' from those websites that claim that 'they'll collect the money owed' (for a percentage (35%)). Ripoff Alert!!!
2006-10-07 21:31:22 · answer #5 · answered by Larry F 4 · 1⤊ 0⤋
If you have proof that he is getting paid under the table then you need to report him to the IRS. And yes any money that his current wife gets from any settlement is HER'S you don't get what is her's even if she were working you could not demand child support be taken from HER paychecks. The children's financial support are not her responsiblity
2006-10-07 20:16:02 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No, the money is joint money as they are married. You can report him to your local child support agency and give them his information. There are many states that consider that amount of back child support worth putting them in jail along with taking all of their assets. They might even be able to go after his wife's income. Check with your local child support agency and possibly a lawyer.
2006-10-07 19:00:21 · answer #7 · answered by Social_D 4 · 0⤊ 0⤋
I'm in AZ and they do not mess around with deadbeat dads. They have special days that they go out and serve warrants on them. I would call the Department of Economic Security in Az and see what they tell you. Good Luck!!
2006-10-07 19:00:52 · answer #8 · answered by Nattie 3 · 1⤊ 0⤋
write or call Division of Child Support Enforcement PO Box 40458 Phoenix, Arizona 85067 Customer Service: (602) 252-4045 Toll-Free in Arizona: 1-800-882-4151
2006-10-07 19:01:00 · answer #9 · answered by missourim43 6 · 1⤊ 0⤋
my friends the best damn lawyer there is! if you really don't like your ex- than u can get that 200k back... especially if he has assets such as his own business. and what were the terms of ur divorce? more information! but disability and this are different so hes bsing to u!
2006-10-07 19:00:17 · answer #10 · answered by feelinglikeastar 2 · 0⤊ 1⤋
Hello every one on this site, my name is shannon am from united states of America i want to use this opportunity to share my testimony, i was marred with a man called Brown, we have been living happily for the past 8 years no problem, one day when he go out with a friend he came back late to the house very drunk, then i was very sad have not see him in such manner before, then the next day morning he said he is going to the office, then after some hour later my friend called me i respond to the called she shouted at me that what am i doing at home when my husband is in the hotel room with another woman, i was so shock to here that i trust my husband with all my heart i did not know that he can do a thing like that, later the day when he came back he just change automatically i greeted him he did not respond to my greetings i was lost of hope, after two day later when he came back from work he drove me out of the house with a machete, then i parked out of the house i really, i love my husband with all my life soul and heart, i could not resist it then i went to my friend house to help me beg my husband to allowed me come back but still yet no way, after 5 months i was still thinking of him cause i could not forget him thought on my mind, then i look for a spell caster to help me bring him back but know one want to help me but just to eat up my money, until my friend introduce me to once Dr, omi Osun a great spell caster from the accent Paris of Africa, who help me to bring my husband back, when i first met him he told me that my husband will come back to me but i did not believe cause i have tried so many spell caster but know way, he said that he is a different man that he can help me i said okay let me give him a try really after i have done with what he ask me to do my so lovely husband came to my house with his friend begging me for forgiveness i have no choice than to forgive him, ever since then we have be together with love, happiness, trust and so much more, please you need to contact this man cause he is a real spell caster he is great, please his email contact is: dromiosun@outlook.com
2014-07-17 11:48:46 · answer #11 · answered by Anonymous · 0⤊ 0⤋