Update on Failure to Make Child Support Payments

    An update on my previous blog from last week (July 1)!  Apparently, Houston resident, Clifford Hall, who was jailed for failing to pay child support has been released after one week.  Hall’s wages were being withheld to pay the child support but, due to some type of clerical error by his employer, the wages were improperly withheld or not being paid to the mother.  He is current and has paid $1,000 extra but was still sentenced to six months in jail due to the existing Texas law.    

    He is now released after serving one week and has set up visitation with his son.  

http://www.chron.com/news/houston-texas/houston/article/Man-jailed-for-failure-to-pay-child-support-to-be-5596990.php

"Grey" Divorce and Retirement Plans

From today's New York Times

Failure to Make Child Support Payments

    Clifford Hall from Houston, Texas was sentenced to six months in jail for failure to pay his child support.  He fell behind and owed more than $3,000 in child support.  His wages were garnished but his company failed to submit the money to the court for his ex-wife to collect.  Hall has become current plus an extra $1,000 but could not avoid facing jail time based on a Texas law. 

http://www.click2houston.com/news/dad-begins-jail-sentence-in-complicated-child-support-case/26639554
 
    When making support payments (spousal or child), make sure that you have proof of payment.  If you are making the payments directly to the other person, then keep good records of your checks or bank statements showing payment.  This can also be helpful in the future if the other party claims that you failed to make payments.  If you can’t prove that you made the payments, then you probably won’t get credit for them.   Failure to pay child support can lead to a number of unpleasant consequences ranging from suspension of your driver’s license to jail time.

International Child Custody and Child Abduction: Who Are The "Good Guy" and "Bad Guy" Countries? The Most Recent Hague Convention Report

The most recent State Department Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction shows that even those countries which have signed off on the Convention do not always comply with it.   Even Western Hemisphere countries, including Costa Rica, Guatemala, and Honduras, are inconsistent in their compliance.  If you're in a dispute over the custody of your children, and the other parent proposes to travel out of the U.S., you should consult an experienced custody attorney in advance;  in this situation, an ounce of prevention may be far less expensive, and better than a ton of cure.  A hat tip to international custody guru Jeremy Morley for the pointer.