When is Not Paying Your Child Support “Criminal Non-Support”?

**The names in this article have been changed to protect the guilty, however the events are an actual account.***

Today I sat in the 43rd Judicial District Courtroom of Parker County, Texas. Judge Dan Herstman resided over a Pre Trial Docket. As the Attorneys and Assistant District Attorneys discussed and motioned for each name on the docket I noticed how quickly the once crowded courtroom cleared out. The docket call transformed into a hearing list with only three defendants remaining in the courtroom.

First, a defendant was accused of “Possession and Distribution of Child Pornography”. Judge Herstman heard the defendant’s attorney and the DA discuss motions before cordially excusing the defendant.

Next, a prisoner had a bond reduction hearing. This prisoner had been out of jail on a bond for “Sexual Assault of a Minor” when he was charged and arrested for harassing that same little girl. The prisoner’s bond was reduced and he will be free with an electronic monitor. The Judge’s warning to the prisoner was NOT “Go near that little girl again and you will rot in jail” but merely that if he continues to harass the little girl, the judge will put a GPS monitor on him!

Finally, before the bench was the subject of my article, Gary Louis charged with criminal non-support. My research shows that Louis has an 11-year-old son and that this child and his mother use to reside in Parker County where she was employed as a Peace Officer.

Mr. Louis resided in Alaska where his child support stayed current until October 2000 when he moved to Texas to be near his sons. The relocation caused Louis to fall behind in support payments.

The then officer mother wrote a complaint and filed it with the police department. The complaint was heard by a Grand Jury and a felony indictment was issued for Louis. The arrest included a “No Bond” which Louis’ attorney quickly turned into a “PR Bond” due to Louis’ clean record.

Further research shows that the statement the mother gave is full of discrepancies and twisted testimony. The first paragraph states that she had to sue Louis for child support. I have in my possession a certified copy of the court order in which Louis is the Petitioner in the suit in which HE filed for the rights of paternity and to support his son.

Now, Mr. Louis stands before Judge Herstman accused of criminal non-support. Sure, he is behind on support. But, he does have extenuating circumstances.

The Judge told Louis that he has “Zero Tolerance” for men who don’t pay child support! Had I not seen the very cordial and receptive demeanor the Judge had with the Pedophile and the Child Pornographer, I would have agreed with this warning to Louis. I believe the “Zero Tolerance” should have been with the two men who caused physical harm to children!

The injustice lies in the fact that the statement of the mother, which led to the indictment, is ludicrous. The DA indicted Louis-NO QUESTIONS ASKED. No one, right down to the Judge today, has listened to Louis’ side. Grant it, non-payment is non-payment. But, this is a felony charge and Louis’ nonpayment is not criminal or neglect, simply hard times and a deceptive woman.

As I have investigated this case I have learned that the county in which Louis resides is the same county the original paternity suit and support order was issued in and that his payments go to that county as well. That county does not find Louis criminally non-supportive and would NOT have forwarded his case to their Grand Jury.

The mother has moved some two dozen times in the decade of the child’s life and Parker County seems to be a stop along her way in which she was able to use her influence as an officer of the law to collaborate and conspire criminal charges against Louis.

Today Louis should have been able to say to a DA or the Judge or someone that he moved down here for his sons. Alaska to Texas was costly and he left everything he owns to be here and start over for his boys. Mr. Louis should have been able to show someone that he has receipts for hundreds of dollars of child support that he has given to that woman. Louis could have explained that his father died and he is caring for his mother’s medical and living expenses. It would have been nice for the Judge to know that Louis is working in Brazoria County and with his son in Parker County he spent thousands of dollars for plane fare and trips to visit over these two years in question.

Mr. Louis has a 13-year-old son with a different mother and the attorney general withholds child support for that son. The child support in question for the 2nd son could have just as easily been withheld without filing criminal charges. Mr. Louis was giving money to the woman, instead of letting it go through the child support office. He did not realize that she would not give him credit for the money and would instead use his past due status to complain against him. The mother admits receiving “some money” in her statement, but she conveniently neglects to acknowledge how much money he has given her.

The attorney who got Louis the PR Bond wanted an additional $2,000.00 to appear at Pre-Trail today and announce that no hearing is necessary at this time. That is about 1/3 of what Louis is accused of owing in back child support. Should he be spending thousands of dollars on an attorney to dispute these charges when that money could be applied to child support?

Please keep in mind that I am a single mother. My ex-husband has been ordered to pay child support to me in the SAME COUNTY that Mr. Louis’ case is ordered through. My child’s father is forty eight thousand dollars behind (he never pays) and I can not file criminal charges on him. This county, unlike Parker County, does not consider my ex to be “criminally non-supportive”. Therefore, you must know that I am not siding with Louis out of pity. I do feel all court ordered child support should be enforced. It is just outrageous that one county can single out one man and make such and ordeal of a very small case.

My research gets better. The mother got married one month after Louis’ arrest and she moved to Hawaii with their son. She now regrets the statement and wishes to drop the charges. She says that she has formally notified the DA’s office. The DA won’t discuss dismissal with Louis. They say his attorney must negotiate dismissal with them and file a motion for dismissal. However, the attorney has abandoned Louis and withdrew from the case because Louis did not give him an additional $2,000.00 cash.

So, now we have charges that the alleged “victim” is recanting and Louis is still facing felony charges. Louis knows that he owes back child support. He is not disputing that. He has filed the paperwork with the District Clerk and Child Support Office to ensure that payment is withheld and does go to his son from now on. However, the Child Support Office can not start withholding and sending the payments to the mother until she provides them with a permanent address. She married a Naval Serviceman and is waiting on housing. Yet, the DA threatened Louis today that each month child support is not paid he could be subject to additional felony charges.

In reviewing today’s docket, I’d bet that the DA has solid evidence that the child pornographer actually was in possession of and distributing child pornography. They likely have evidence on the Pedophile’s case proving that he violated that little girl. Of course they do have one statement saying that Mr. Louis is criminally non-supportive. But, has anyone looked at his case to see or ask if these charges are even valid? Heaven forbid that you just fall behind due to unforeseen circumstances. Instead of allowing you the opportunity to spend your extra money catching up, this county will sneak behind your back and file criminal charges against you. Then, you have to give that extra money to their attorney’s.

Innocent until proven guilty?

Not in Parker County.

How about guilty until you buy your innocence.