SOMEONE explain this story: Pay your child support and spend too much time with your kid? Go to jail.

I’ve been following this thing for about 10 days now and you know what? The ish STILL makes absolutely no sense to me so…maybe someone here can let us all know what in the hell is going on here!

clifford_hall

A Texas dad was sentenced to six months in jail in a dispute over his child support paymetns – despite the fact that he had paid his ex-wife all that he owed her.

Houston weather, traffic, news | FOX 26 | MyFoxHouston
Clifford Hall’s child support payments are all caught up – he even paid back $3,000 that he says were inadvertently withheld from his ex-wife by his employer prior to the hearing.

But a judge in Texas said that fact did not excuse an initial delay – leaving Hal unable to pay more child support payments as he spends time in jail.

The confusion, according to Hall’s attorney, Tyesha Elam, stems from someone changing the amount of Hall’s mandatory child support payments without telling him.

‘I discovered for some reason his employer was withholding a large amount some weeks a small amount some weeks a zero amount some weeks,’ Elam tells MyFoxHouston.

Hall, saying that he ‘didn’t want to go to jail, basically,’ paid the $3,000 balance on his child support bill prior to a November hearing in front of Judge Lisa Millard in November.

At the time of the hearing, Hall owed nothing.

‘Opposing counsel testified twice that he’s all paid up,’ says Elam.

However, the attorney for Hall’s ex-wife argued that he should be required to pay an additional $3,000 for his ex’s attorneys fees.

Judge Millard agreed.

‘The Judge ended up sentencing him to 6 months in jail.’ Elam says.

Hall was stunned.

‘When she said I remand you to the Harris County Jail for 180 days my mouth just dropped,’ Hall told the station.

In addition to the attorney fees, Hall apparently wasn’t following the court’s scheduled times to pick up his son for visits – a change to his visitation stipulations he claims he knew nothing about.

Houston community activist Quanell X says he’s never seen such a blatant miscarriage of justice.

‘This entire situation is shocking to me,’ X says. ‘I’ve never seen one like this.’

‘The court failed the child,” he continues. ‘The court failed Mr. Hall the system broke down.’

Hall says that sending him to jail is not going to help him or his son.

‘I can’t be there for my son in jail,’ Hall says. ‘I can’t pay child support in jail. This is not in the best interest of the child.’

Judge Millard, however, says that when she found Hall in contempt of court, he got up and walked out of the courtroom – which is enough to anger any judge.

Millard says Hall’s attorneys can file a motion for reconsideration, which would allow her the opportunity to hear from both parties and reassess her decision.

Hall’s attorney currently is working on an appeal.

Hall, meanwhile, is preparing to turn himself in to begin his sentence in a few days.

As for his son, Hall says, ‘I’m his father it’s my responsibility to take care of him.’ [source]

jasmine_aint_here

Let m be completely honest in that I have a total bias towards the family courts system because I believe wholeheartedly that it is without question, stacked against men/fathers. : shrugs: I truuuuly believe it. But i’m honest enough that because I have this bias, my first inclination is to jump to the conclusion that this is just another example of a man getting shat upon by the family court. Regardless of any facts which may be in this article to contradict my belief.  But as I said… i’m completely mature enough to admit my bias and also admit that it could very well be clouding my judgement.

With that said, any of you who have experience and or knowledge of how the child support system works, PLEASE break this down for us.

And someone explain to me what this man really got arrested for AND how placing him in jail is to solve ANYthing…..

Slaus
When not responding to the dictate:" Will the Defendant Please Rise.." CEO and Creator of OHN;Slaus, is a comic illustrator and Social Media whore who spends his free time building legos, playing video games, drawing fantasy characters and being abused by his wife, two sons and cat.

More advertisements – whatever is featured in here, love it! Buy it! ..if you know what’s good for you.

Facebook Comments

Comments

comments

.
  • Omelette!

    The judge had discretion in this matter – is he being punished for attitude? Is that it? Because I can’t imagine why he’d display contempt for the judicial system and its agents. Really. Not… at… all… I mean; imagine. How inappropriate would that be?

  • BSmuv

    I read about this story some place else and he was put in jail for contempt of court. But the story didn’t really explain what exactly he did clearly to me what he did that was considered to be contempt.

    Honestly I believe this is just the system fuggin this man over. Because the other piece to this is, the ex wife was the one throwing shade demanding money above and beyond his court ordered obligations. Secondly, the mother knew there was an increase ordered cause she requested it. They don’t just automatically adjust child support with a cost of living increase, the custodial parent has to put in paper work for a review of the order and then a judge makes the ruling.

    Yeah fugg the child support system, the shit is a trap and setup to be punitive to men. You can pull story after story about this and the sad part is, it will never change cause no one republican, democrat or other is gonna risk their career over righting the system that is broken.

  • steve

    Media sensationalism at it’s best. Who would have clicked the link if it said, “Man gets 180 days for contempt of court?” Probably no one.

    Here is a probable scenario:

    Opposing council: Your honor, we’d like the defendant to pay my attorney fees in the amount of $3,000.

    Judge: Granted. (pounds gavel)

    Defendant: Ohellnawl!!!!!

    Judge: 30 days!

    Defendant walks out.

    Judge: 180 day!

    There is more to this story than the headline suggest. Although I don’t put anything past the courts, it sounds a little far fetched with many details left out. I don’t think the news station did a particularly good job at investigating or reporting and I believe that was intentional for ratings.

    My 2 cents.

    • mrsrony

      I didnt see it the contempt of court part!! I have been reading this trying to figure out just how in the hell he ends up jail!! Over paying is a crime?

  • CaraQ

    Without saying too much, the Warden was in this situation where our ex-employer had adjusted their payroll practices which delayed his CS. The law doesn’t care because they feel that it is YOUR responsibility to be aware of what’s going on with your wages and make the appropriate adjustments (and if you have a vindictive ex like this guy…). He was not only held, but he had to stop direct deposit in order to deposit his check on time for any garnishments. I will never forget getting the call from him telling me he was in jail and to tell our executive team that he would be seeing them on Monday. Woooo, chile! I’m still amazed he wasn’t fired for how he lit into them folks! LOL

    Also, this reminds me of a post where this B*TCH was boasting about how she was keeping her child’s father away because he couldn’t pay her child support. He had lost his job, but was pleading with her to see their son and she told him that he didn’t need him because he was a broke loser and her new man could step in….. whether that was a true post or not, I can’t say, but I damn near stroked out from reading it! I WISH A B*TCH WOULD!!! If I had a friend like this, I would cuss her out and be a witness for the father.

    I understand why family court and laws were written (to protect women and children who were being left behind with no regard to survival), but when you have men who are ACTUALLY trying to do right, it is a crime to carry on like this. BUT- he didn’t help his cause by disrespecting the judge/court by walking out. That was on him- I understand, but, yeah… that wasn’t going to end well.

  • Yaya

    unchecked judicial discretion. I studied law and it makes no damn sense. what are laws and penal codes for then?

  • Beffa

    the child support system changes from state to state so every person’s experience (including mine) will differ unfortunately.

    I checked snopes because it’s run by lawyers I do believe. And gotta love sensationalized headlines and crappy journalism.

    I’m not saying what went down is right.

    From snopes: available court records indicate that Hall was straightforwardly held in contempt of court for failure to pay child support in a case which had a motion for contempt dating back to April 2013 (and a court document briefly glimpsed in the Houston television news report about the case shown above displays a header indicating Hall was indeed held in contempt for “for failure to pay child support”). The information presented in news accounts indicating that Hall owed nearly $3,000 in back child support and that the child’s mother had incurred $3,000 in attorney’s fees trying enforce their court agreement suggest that this was an long-running and/or ongoing support issue rather than a sudden and recent one.

    Nothing presented in the original KRIV-TV news report on this case actually stated that Hall “overpaid” child support; it quite clearly said that he paid nearly $3,000 in “back child support,” indicating that he was paying an amount already past due (even if he was previously unaware he owed it), not overpaying an amount he didn’t yet owe. (Under Texas law, for an obligor to avoid contempt charges in a child support case, he must be current on all child support obligations at the time of the enforcement hearing, not just those originally pled in the motion to enforce.)

    Read more at http://www.snopes.com/politics/crime/childsupport.asp#POEwGHT4Y00H4x1V.99

    It seems to me that he was behind on support and took too long to pay it. I think that’s pretty much all it boils down to.

    Now I don’t know TX family court laws but “normally” if a support/visitation order is changed both parties have to be notified BUT that doesn’t always happen. From my personal experience here in Ohio when the boy was not even 2 yet his dad actually had custody changed on me without my knowledge. It was a fight to get that ish corrected by I won :)

    This guy has a right to appeal and apparently it is in the works.

    • Cece Nichole

      Thank you. This headline is misleading and people are reacting off it instead of reading the whole story. Now, that being said, dude was behind on his cs. I’m guessing the only reason he did pay was to avoid jail…happens all the time. People are so quick to call his ex vindictive and she may well be, but his ass should have handled his business.

  • Hautie

    I can confirm one thing. Texas family courts do not play, when it comes to child support payments. Pay or go to jail. Period.

    If you owe, you better pay. And that means they will throw a female in jail too.

    It doesn’t take months/years for it happen either. Miss three payments… and see what happens. A nice county deputy will show up at your home or job and snatch you up.

    Texas does not automatically give custody to Mothers here either. Men stand a very legit chance of getting their children in a court fight. Especially if he is proven a stable man with a job. (Sadly, there is lots of crazy bio-Mothers in this state is why…)

    So I agree there is more to this story. And the Judge finally had enough. Because it is not in their game plan to throw a hard working Father, in jail. They want that child support paid. In a very prompt manner. And he can’t do it sitting in jail. So sadly, I suspect there is much more to this story.

  • notconvincedgranny

    Judges have absolute discretion in their courtrooms, a situation that should change. No one should have his/her fate determined in the pejorative because the judge didn’t get any last night. But most of all, this was Texas. Do you understand Texas? Because no one else does.

  • SY

    Um… TEXAS . That should explain it all…

  • MP

    Divorce Corp documentary should shed some light.

I dunno what i'm putting here yet. It'll be something ignorant though.
Performance Optimization WordPress Plugins by W3 EDGE