If my court ordered child support/ visitation has been not followed by either...

heather

New member
...party for 4 years can it now? We reconciled when our daughter was 2 1/2 years old which we had already had the attorney general (state of Texas) court order for child support and visitation since she was 3 months, at that time we decided to stop payments and of course we were living together.

Here's the whole long drawn out story... when I was pregnant with our first child at 2 months we ended our relationship and he had no contact with me regarding the baby until after she was born. He came to the hospital the day after she was born, then we did not see him again until after the DNA test he requested came back that she is his daughter. (By the way, I have never cheated on him but he grew up with his mother telling him this and that person was his father never knowing who it really was so he was really persistant on doing the test. Of course I did not care since I knew she was his.)
Anyhow, the test came back after our daughter was 2 months old by this time I had already filed with the attorney general and by the time we got into court she was now 3 months and he had only seen her 3 times total. He has repeatedly admitted he is not fond of babies so I just left it at that. We followed the court order WITH THE EXCEPTION of him taking advantage of the visitation he was granted by the court order. He was only coming to the daycare (my moms house) to see her MAYBE every other week and MAYBE for an hour or so. He did not take her with him until she was around 1 years old at that time she stayed with him one day and then he was gone for 2 months.
Now, I know you are thinking Im completely stupid for even wanting to work things out with him considering I was basically just left with our kid (he thinks that him providing money means he is the worlds greatest father) however when she was 2 1/2 we decided to go ahead and give the relationship another shot.
We moved in together and things never really worked out very well, he was always VERY selfish, never made time for either of us, still hardly saw our child eventhough we lived with him because he was out in the bars every night or out of town on work. (he WAS an over the road truck driver so it took him away for periods of time) I was always resentful that I was here raising our daughter while he walked out every chance he got for something else. Now here we are almost 4 years later and we bought a house together (in his name only) and have split up again 6 months ago and I am 8 1/2 months pregnant with our second child.
He refuses to come and see our daughter, he has not helped with anything for the unborn baby (another girl), he pays for our house payment and has told me repeatedly that the only source of support I will ever get from him is for him to pay the payment on the house and if I choose to leave the house then he will not give me one dime court ordered or not because he would rather see me suffer the never help me. Now, here is my problem he is self employeed. He has his own rig and is contracted to a company so he gets a 1099 therefore they can not garnish his wages. Child support goes off of gross and after he writes off every hair on his body it shows he makes barely anything when really he makes $185000 plus a year.
He does not see our child anymore at all, he only talks to her when he calls to yell at me for something and Im honestly scared for the well being of myself and our children around him.
Understanding that sunday is fathers day, he has a drinking problem, A REALLY BIG ONE, he has told me that eventhough he has not seen her in such a long period of time that he will be coming to get her for the day to go to a party at the lake where she will be the only kid, there will be water crafts and drinking. I do not know these people, they have no responsibility to have any concern over the well being of my child, Im having a REALLY HARD TIME with getting over it to let her go. I know Im in contempt if I dont give her to him but I think it would almost be worth it to have her safe.
I called the child support office today and found out that our order is registered only, no longer enforced. What does this mean for me? How much trouble can I get in? Will the officers actually make me turn her over to him considering the circumstances?
Any help or insight is appreciated... please dont be harsh remember Im pregnant I cry easily :o)
Thanks!
after looking at the few responses I jsut got... let me add a little. I dont want the house. I would much rather live in a smaller place that doesnt cost me more then I make to pay the monthly bills. Its alot of house for us 2. Im not working much and I have no maternity leave pay when I have the baby. I can go to live with my family, I dont want to but I can. I still have the car payment, ins, phone, electric, water, tv, so its not like the house payment is really even helping me much. Considering I could pay all of that in a smaller place with what he pays monthly here.
Basically, I want to know what they will do if the court order (visitation or child support) is registered ONLY. They told me today it is no longer inforced. Is that the entire order or just the child support?
 
You've got a couple of things going on here. First of all Child Support in Texas goes off of net income, not gross. Secondly, I understand your issue with him being absent and then trying to come back around and be a dad, however...there still is a court order in place. The AG may not be enforcing the child support, but that does not make the court order irrelevant. He is still supposed to pay support through the Child Support Disbursement Unit in San Antonio, and you are still to abide by the order until it is modified or a suit is brought before the court and temporary orders are issued.

Any violation of the order can be prosecuted. Some police agencies will not intervene in a civil matter, however you'll find some that will. I luckily ran across one that told my ex that if she didn't turn the child over to me, she was going to be arrested for a state jail felony of Interference with Child Custody. You don't want that problem.
 
Well, sense you just called child support now, I think your going to have to let her go Sunday.
Monday get your butt down there and make it an order or get an appointment to get it as an order.

He can make you leave the house or just not pay for it. He will hurt his own credit by doing so. He will also get his drivers license taken away if he get's so far behind support. So MAKE it LEGAL!!!

I'm pretty sure a judge will know he makes enough money running a rig. Just go make things legal.
 
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