Saturday, March 27, 2010

Some Excuses that Don't Work as to Why you Missed Court

Judges hear a lot of Excuses as to Why People Don't Show up to Court -- Here are a Few of the Most Common - They Don't Work:

I did not know that I could ask for DNA testing.  You MUST ask for DNA testing at the beginning of a case or your lose the right forever. 

NOT showing up to court, is NOT an excuse.

NOT hiring an attorney is NOT an excuse.  If you are trying to hire an attorney show up with business cards and names and phone numbers. 

Showing up on the wrong date to court is NOT an excuse.

Showing up in the wrong court is NOT an excuse.

If they serve the wrong address and you did NOT know about a court case, it is NOT an excuse.

If they serve your mother's address and you don't really live there and you don't show up to court, is NOT an excuse.

If the custodial parent told you "everything was taken care of" and not to show up to court, that is NOT an excuse.

I had a flat tire.  Call and tell the court.  Then get it fixed and show up late.  Don't just get it fixed and go home.

If you are in a traffic accident on the way to court -- then send a relative to court and have them appear in front of the judge and tell the Judge what hospital emergency room you are at.  The Judge will probably have someone call the hospital to verify that you are in the hospital.  Why?  Because people use this excuse all the time.

Child Support Obligation - The debt that never goes away

Here is the basic Texas law regarding a parent's obligations regarding child support:

A parent is obligated by Texas law to support their minor children.

There is no excuse NOT to support your children according to Texas law.

Even Texas inmates are obligated to support their minor children.

Not working is NOT an excuse.

Even if the custodial parent hides the children from you, you are still obligated to pay child support.  Yes, this is not fair,  but, it is the law.

If you lose your job, it is YOUR obligation to go before a Judge and get the amount of the child support lowered.  Yes, this is NOT fair, but, it is the law.
Being disabled is not an excuse.

Being injured is not an excuse.

Being a student is not an excuse.

Being mentally ill is not an excuse.

If you are married, then your spouse can make the child support payments.

It is assumed in Texas that you can work a minimum wage job of 40 hours a week.  That translates into a monthly child support payment of at least $200 a month for one child.

This monthly obligation is determined by the Texas Attorney General and is revised each year by their office. 

If Social Security sends money to the other parent, the judge can still order the non-custodian parent to make an additional child support payment.

Child support obligations cannot be discharged be bankruptcy.

Past due child support will be reported to the credit reporting agencies & will ruin your credit.  That means that you will not be able to buy a car or a house.  You will have bad credit and you will pay a higher interest rate.  If you are married, it will impact your spouse's credit.

You can lose your driver’s license.  If you are a truck driver, you can lose your professional license. 

If you are a professional (hair dresser, doctor, chiropractor, etc.) you can lose your license and there is nothing you can do about it.

If you are owed a tax refund, the IRS will take the refund and send it to the custodian parent.

All past-due child support incurs a 6% penalty.

Once the children are over the age of 18, you cannot go to jail but the child support is still owed and the 6% penalty still grows! 

If you ever inherit any money, the TX A G will intervene and get the money in probate court.  And, yes I've seen them do it. 

When you die, they will intervene in the probate of your estate and get the money before your heirs get any money.

In summary, child support is the debt that never goes away.

Friday, March 26, 2010

To the person who sent me a comment - here is my reply

To the mother that just posted the following on my blog...

applies and an over 18-year old CONTINUES to be unemancipated?

Can an over 18 year old continue to be unemancipated due to inability to independently care for himself?

My son has a learning/developmental disability and recently dropped out of school. He is really lacking in the life skills needed to become emancipated (IMO).

I'm working with him on that, but his father says that now he can stop paying child support on him!!


First, you need to email me directly at so that we can discuss this matter privately.  Second, your questions really don't make sense to me.  If the "child" has turned 18, he is now an adult.  Since he dropped out of high school and is over the age of 18, his father no longer has to support him, the child is now a legal adult.  He might be your child but in the eyes of the law in the State of Texas he is now an adult. 

You can try to have your child declared "incompetent" by a court.  You will need to be declared his legal guardian.  It is very difficult to do.  Just being irresponsible and not having life skills is not enough to be declared incompetent.  Yes, the boy might be irresponsible and not "street smart" but that is not enough in the eyes of the judge and the laws of the State of Texas.

I don't do adult guardianships.  You will need an attorney that specializes in adult guardianships.  These sort of cases are handled in courts called PROBATE COURTS.

I only handle family law cases -  like divorce, custody of children, child support, etc. 

Your child is no longer a minor child.

I hope this helps.

Good luck!

If you want to just talk, I charge $1 per minute to do so - minimum charge $1 per minute.