After the diviorce, I was paying child support. however, I moved and wasn't working for 4 mos. I sent what I could and still gave my kids anything they wanted. Now that I'm working again i'm paying back child support(which I don't mind at all) but all the letters from the TX attorney general makes me out to be a deadbeat dad and I'm not. I can't even pay my bills and barely afford to live with in my means and now they tell me their going to take my tax return, too? What rights do men have? Is the law gender biast? All I get from the TX att. gen. office is " That's the law...". Can someone give me advice about a fathers rights...
2007-12-22 12:23:10 · 11 answers · asked by nellish72 1 in Family & Relationships ➔ Marriage & Divorce
thank you for your responses...most of you misunderstood. I wasn't working not by choice and what money i did make I sent to my ex, not the state. I love being a father and I'm going to continue paying the child support the courts order me too even if I am not making as much as I used too. My ex deserves twice the amount in my opinion, all I was trying to say is the courts seem to favor females in divorce cases...please don't interpret my question to be in anger, I only seek understanding much like other men in my situation.
2007-12-22 21:16:31 · update #1
I don't know how much you owe in arrearage; however, it might be possible to file a modification of child support petition before the court and ask that it be dated retroactively to your last date of employement. You may want to seek the advice of an attorney, but if you can get the court to allow you to make satisfactory payments on the arrearage, you can use that with the Attorney General's office to prevent them from taking your taxes, as you will then be making satisfactory payments to the court. I would contact an attorney offering free consultations and ask. If it turns out you can, you might be able to get a blank copy of the modification order and fill in the blanks and file it yourself before the court. I'd research laws in TX regarding reducing child support and such before filing the petition though.
My ex and I did it in our state (IL) when he was filing for disability and it worked! He represented himself before the court.
2007-12-22 13:09:55 · answer #1 · answered by Wildflower 6 · 0⤊ 0⤋
It like we fathers have no rights at all. If you were married and lost your job you would make adjustments but the court doesn't react that way. Some of the answers state that someone was supporting your kids while you were out of work for four months well isn't that the job and roll of the other parent? It is sad to think that father's are just a paycheck and once you fail your label as a "deadbeat” I have been paying child support based on a salary I never made in my life file for a modification with the court and that has been sitting on for the past six months. The sad state of affairs is that the court fails their own rules. Now my lawyer says he will file another motion for a modification and now I have to wait another six months what a failure of father's rights.
Join a father's support group that is active in fighting for "shared parenting rights” it is not the job of the court to destroy one parent vs. making the other rich claiming or hiding behind the "Best interest of the child” If the court was a bit interested in the best interest of the child then they would not treat the non custodial parent as a paycheck.
I have the same problem as the department of Revenue intercepted my state return without notice my child support is automatically deducted from my paycheck so now I have to prove that I am not in the arrears. Everything that you have learn about our legal system is not true when in comes to the probate court and that is you are guilty first until you prove your innocent! I always thought it was the other way around.
2007-12-22 22:08:14 · answer #2 · answered by chancesare45 4 · 0⤊ 0⤋
Yea,basically you have none except to shut up and do as your told. Once the court has awarded the custody with support to your wife,theres little you can do about it. Though once you dolose your job if you do ntify the courts or the collection agancy,they will temporary suspend your account so no arrest warrant is issued but the amount unfortunately stillaccrues to when you do get back to work. The Judge doesnt care how much of a financial burden this puts on you nor where exactly the money comes from just as long as you pay it. They can attach your income tax refund to bring your arrearages account up to date, along with any other source of income you may have. Youre right that its unfair and nthis is the biggest complaint from support paying dads in the world and also this follows you anywhere you go too. The govt is catching up slowly in as they are finally starting to make moms accountable for where the money does actually go so its not spent on cars and other things. I know its not much but it is a start. Sorry for my answer
2007-12-22 20:39:24 · answer #3 · answered by Arthur W 7 · 1⤊ 0⤋
Dont take it personal they just see it as the fact that the person taking care of the children doesnt get the right to not take care of the child and its not fair to say fathers rights I know plenty of women who have to pay child support it is not different the child still has needs whether you are working are not My strong advise is to get a job you like and keep it dont fall behind its hard as hell to catch up if you do fall behind they add on more money just like a loan and it should not be about THE LAW you should just do it because those are your children too
2007-12-22 20:39:05 · answer #4 · answered by toofavorable 3 · 1⤊ 0⤋
If you notice here in California they have bullet proof glass nowadays when you speak to a clerk. Because of their no care attitude. Yeah I paid child support for 20 years I got behind too called arrears. They can stop you from getting your Drivers license, garnish your wages and take your income tax refund. That has been some five years past now and when I date a woman and she wants a child I am out faster than Wile E. Coyote.
2007-12-22 20:44:52 · answer #5 · answered by Anonymous · 1⤊ 1⤋
It's not Texas' fault you didn't work for 4 months and weren't helping to support your kids. That was your fault. So don't get upset with them over something that you brought on yourself.
Yes, they will take your tax return... you owe that money to your kids. Good part is that once you get it all caught up then you will stop getting the letters.
So stop whining and trying to place blame on someone else. Be a man, not a male.
2007-12-22 20:50:23 · answer #6 · answered by az_mommma 6 · 2⤊ 1⤋
Yes they can take your income tax because you owe back child support. Hopefully if they tke it then you will be caught up and will only have to pay your normal amount
2007-12-22 21:43:08 · answer #7 · answered by Anonymous · 0⤊ 0⤋
They can take your income tax, if your owe alot in support they will take all of it. say you only owe 100 bucks they will only talke what you owe. and yes they can do this. It happen to my husband and now he is back on track with the support payment and they haven't take his imcome tax since. But if you owe alot you will not see anyof it unless you are remarried and you file a joint income with your wife, Talk to a lawyer, they know all about it.
2007-12-22 20:29:28 · answer #8 · answered by Terri S 3 · 3⤊ 1⤋
You need to see a good lawyer. your child support payments should be based on your earnings and fair as too not cause a burden to either you or your ex. You have rights too
2007-12-22 20:31:14 · answer #9 · answered by buffybot67 5 · 2⤊ 2⤋
As a Dad, you have the right to pay money and shut the hell up. Sorry dude, it was the same for me.
2007-12-22 20:29:35 · answer #10 · answered by Anonymous · 3⤊ 1⤋