A man with the initials C.H. made national headlines last month when he
was sentenced to the harshest punishment for a failure to pay child support.
C.H. was sentenced to six months behind bars for failing to pay the court-ordered
child support to his ex and son.
According to Forward Times, the father did not know that his child support
payments were not going through. He allegedly had set up the child support
to be withheld from each paycheck and deposited to his ex's account
via the court. A clerical error made it so that these child support payments
were not going through. Once C.H. discovered the error, he corrected the
situation and paid an additional $1,000 as a sort of apology gift.
C.H.'s employer acknowledged that the payment issue was their fault,
but a Texas judge still found it necessary to sentence him to six months
in jail for child support underpayment and over-visitation. In June 2013,
the Texas Legislature repealed a law that made jail sentences an option
in these cases. Now, Texas the family court judges have the right to decide
whether delinquent child support payers spend time in jail regardless
of whether the issue was resolved before their court date.
The changes to the law were intended to deter dead-beat dads from becoming
chronic offenders and making last-minute payments to resolve their issue
prior to their court date. Prior to the change last year, C.H. would not
have been required to serve six months for his child support issues.
C.H.'s attorney is frustrated at the ruling, saying that this father
did all that he could to pay child supports. Despite job loss, he allegedly
continued to make payments until the clerical error occurred. Eventually,
C.H. would like to seek full
custody of his son, though he intends to wait until he has served his jail sentence.
If you have been involved in a difficult situation involving
child support, don't hesitate to contact a trusted
Plano family lawyer at the Zendeh Del Law Firm, PLLC. Call us today to learn more!