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1-281-DIVORCE (348-6723)

HAVE QUESTIONS?

1-281-DIVORCE (348-6723)

Finding of Contempt for Failure to Pay Child Support

Houston divorce

This last legislative session of the Texas congress and senate amendment to the contempt provisions for non-payment of child support.  Previously an obligor could not be found in contempt of court when they showed they were current on the day of the hearing.  Typically this means paying all of the child support arrears in the child support collection offices found in the basements of most courthouses and bringing a receipt to the hearing. Section 157.162(d) and (e) of the old code is where this provision was found. The new law prevents this situation by allowing a court to impose contempt, if appropriate under the circumstances.  Section 157.162 (b) was amended to allow the court to order and the movant to ask for other enforcement remedies to include a money judgment, posting a bond or other security such as withholding income.  As an attorney who both defends and prosecutes these types of claims, I can say that the law was fine prior to the amendment.  Attorney could still get costs and time for having to file the motion and the obligor was given a change to cure.  Now the obligor may still go to jail or could be punished in some other fashion.  While I believe in efficiency, and understand the judicial argument to having hearings over and over and the obligor constantly avoiding a jail term, what happens when the obligor is jailed?  They loose their job, cannot pay their bills, and do not pay support.  Sometimes efficiency must loose to practicality.  To give judge discretion is  the same as giving the dictator unlimited decision making.

To schedule a consultation, call us today at (713) 974-1151 or visit me on the web at www.busby-lee.com

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

6100 Corporate Dr. Ste 190

Houston, Texas 77036

(713) 974-1151

281-DIVORCE

Visit me on the web at www.busby-lee.com

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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.