A recent child support case in Texas serves as a warning to all those who are obligated to pay child support. The case involves a man who now faces jail time for contempt because his child support payments allegedly never reached the court or his ex-wife. The child involved in the case is currently in the custody of the mother.

It was alleged that the man violated the visitation schedule and kept the mother from seeing her longer than specified or allowed. The man appealed to the support claims, stating that a clerical error prevented the child support money from being available. According to the man, his wages were being garnished for the child support, but the company failed to provide that money to the court.

The man’s appeal was unsuccessful, and he now faces six months of jail time. He reports that he simply wants to get through the situation and continue on with his life. He also expressed that his primary concern was the fact that he has lost his job due to the situation and will have no means of supporting his son.

According to the attorneys involved in the case, this should serve as a caution to others who are being ordered to pay child support. The law is clear that it is the responsibility of the spouse to ensure that child support payments are reaching the intended recipient. This may mean following up with the court or recipient to ensure the support is being properly paid.

If child support is being paid through wage garnishment, a spouse should never assume their employer will follow through. Seeking the assistance of an attorney prior to payments may ensure that errors are not made during the process.

Source: KPRC, “Dad begins jail sentence in complicated child support case”, Mary Benton, June 24, 2014

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