Well, I will try and make a long story short(er)

My husband and I divorced 4.5 years ago (have two children together, were married for 12 years) and to help him "qualify for a nice home" I agreed to have "no child support ordered" in the divorce decree and he agreed to pay me,under the table, $200 a month. This went on without any problems for 4 years until April 2005 when he had some financial trouble and quit paying me because he stated, "the divorce decree said he didn't have to pay" (Silly me trusted him to keep his word with the $200 a month he was paying). BTW, he has a GREAT job. Anyway, I quickly filed with the attorney generals office in Texas and finally got a court date at the end of September. I know he will try and fight this anyway he can...my question is how/what can he do? This is a court date set by the EAG office to go before the judge to have support set since it was not in the decree 4.5 years ago....I assume the judge will have him provide financial info and take 25% of his monthly income for child support? Can I get back support from the filing date?? (April 2005) Could the judge even go back further than that since there was no child support set in the original divorce decree from 4.5 years ago?? Even though he was paying $200 a month for two children (per verble agreement, straight to me)? He has the children EVERY weekend (because I work weekends), but not at all during the week, will this be a factor in deciding support?? Basically he has them 8 days a month and I have them the rest (I was awarded primary residence for the children in the divorce decree). Once an amount is set, can he appeal it? Will he have to state a "very legimate reason" for the appeal?

I am very sorry for all the questions...I just want to be prepared..I am so sick over this...I can't believe he quit paying the small amount of $200 a month..I would have been happy with that, even though it was hard sometimes financially...I just want him to be accountable for his financial responsibility.

Thank you in advance for any help/opinions.

Pam

Well, I will try and make a long story short(er)

My husband and I divorced 4.5 years ago (have two children together, were married for 12 years) and to help him "qualify for a nice home" I agreed to have "no child support ordered" in the divorce decree and he agreed to pay me,under the table, $200 a month. This went on without any problems for 4 years until April 2005 when he had some financial trouble and quit paying me because he stated, "the divorce decree said he didn't have to pay" (Silly me trusted him to keep his word with the $200 a month he was paying). BTW, he has a GREAT job. Anyway, I quickly filed with the attorney generals office in Texas and finally got a court date at the end of September. I know he will try and fight this anyway he can...my question is how/what can he do? This is a court date set by the EAG office to go before the judge to have support set since it was not in the decree 4.5 years ago....I assume the judge will have him provide financial info and take 25% of his monthly income for child support? Can I get back support from the filing date?? (April 2005) Could the judge even go back further than that since there was no child support set in the original divorce decree from 4.5 years ago?? Even though he was paying $200 a month for two children (per verble agreement, straight to me)? He has the children EVERY weekend (because I work weekends), but not at all during the week, will this be a factor in deciding support?? Basically he has them 8 days a month and I have them the rest (I was awarded primary residence for the children in the divorce decree). Once an amount is set, can he appeal it? Will he have to state a "very legimate reason" for the appeal?

I am very sorry for all the questions...I just want to be prepared..I am so sick over this...I can't believe he quit paying the small amount of $200 a month..I would have been happy with that, even though it was hard sometimes financially...I just want him to be accountable for his financial responsibility.

Thank you in advance for any help/opinions.

Pam

Yes, they will ask him to supply paystubs and tax returns. I don't know exactly what the CS guidelines are in your state, but if it isn't a shared (combined) income state, they will order anywhere from 17% to 25% of his income. Some states allow deductions for time spent at the NCP's.

You will probably get retroactive support, back to the date of filing. However, due to the fact that it was agreed in the divorce that no CS be ordered, combined with him paying $200 a month until last April, it is highly unlikely that you'll get CS further back than the filing date.

Everyone who is subject to a court order has the right to appeal a decision. However, there has to be a mistake or error by the court before an appeal can be heard.

He's going to be very sorry that he stopped paying you, because the court ordered CS will most likely be alot more than the $200 he was paying before.
xena :)

You seem to have a grip on the situation. If you have any information on his place of employment, it may be helpful so the court can issue an order to initiate wage withholding.

Thank you both for taking time to reply to my post. :)

Another option would be to write him a letter asking him to participate in mediation, you could "forgive" the back child support since he paid the $200 for whatever period of time and explain to him that you most likely won't have that option if you go to court. He may have to may more back child support it depends on your judge and how good of an attorney you/ he have/has.