Q: What actions do I need to take to ensure my ex pays Child Support and doesn't endanger our daughter on his motorbike?
My ex-husband refuses to pay the child support that we agreed to in divorce (has previously sent some money when he feels like it but it was never through proper child support routes, and he decides when and if he sends the money, and he is around $20,000 behind over the last 6 years)... and he is now talking about taking our child on his motorbike, which I am absolutely not okay with, regardless of Texas law stating 5 year olds can ride passenger on a bike. She is 7 and small and would not survive if he got in a wreck with her on the back. Looking for advice and a path to start on.
If Father is not paying child support as court ordered, then you would need to file an enforcement/contempt action against him and take him to court for nonpayment of child support. If held in contempt, the Judge could sentence him to jail time.
If there is not a law against a child that young riding on a motorcycle, then if you and Father cannot reach some consensus and address your safety concerns, there is really not much more you can do. Even if you took him to court on this issue (presuming to you can overcome the "material and substantial change in circumstances" standard), you would have to be able to show and convince a Judge that some order needs to be put in place to prevent him from riding her on his motorcycle.
It may be helpful to have a consultation with a family law attorney to discuss the enforcement/contempt action, and maybe get some additional advice on what to do about the "motorcycle" issue.
I hope this information helps. Good luck to you.
Child Support Enforcement: If your ex-husband is not abiding by the child support agreement outlined in the divorce settlement, you can seek help from the Texas Attorney General’s Child Support Division. They have the authority to enforce child support orders and can use various methods to collect overdue payments, such as garnishing wages, intercepting tax refunds, suspending licenses, etc.
Modify Court Order: If you believe that your daughter being taken on a motorbike endangers her safety, you could potentially request a modification of the custody order to include stipulations about this issue. For instance, the court order could specify that your daughter is not to be transported on a motorbike. To request a modification, you would typically need to demonstrate a significant change in circumstances and that the modification is in the best interest of the child.
Legal Counsel: Engage a family law attorney who can help you navigate the legal process and ensure your child's safety and your rights are protected.
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