Yes, his child support was deducted by his employer, AT&T, but it was the wrong amount. So, he surrendered himself to serve a six month sentence. The sentence is not mandatory and is at the discretion of the Republican judge. Can you say, "Family Values?"
Some of you may remember the story that supposedly gained worldwide attention last year (I do not recall it.) If all the news agencies would report the same “facts” then it would not be so confusing. I did get lucky enough to find a very detailed article but it’s not from “mainstream media” – go figure – it’s from thepolicenews.net.
The case, according to Clifford Hall’s new attorney, Eraka Watson, goes back to 2010 (sort of) when he failed to make child support payments due to unemployment.
“Ultimately, it is Mr. Hall’s responsibility to ensure his child support payments are being paid according to the court’s order,” stated attorney Watson. “However, in Mr. Hall’s case, while he had previously been behind in child support in 2010 due to being out of work, since that time, he had consistent child support payments and employment. He did not fall behind until the clerical error by his employer occurred. Under the previous law, a good father like Mr. Hall would not have been punished for trying to do the right thing once he was made aware of the error.”
Yes, the wonderful Texas Legislature repealed a part of the Family Code that would have certainly kept Clifford Hall out of jail – at least legally kept him out.
“My client . . . is one of the first casualties of the repeal of Texas Family Code Section 157.162(d) that formerly protected parents who were current in the payment of child support. In June of 2013, the 83rd Texas Legislature repealed the law (HB 847) making a jail sentence a judgment option for being in contempt of the court for failure to pay child support. There are no exceptions, there is no notice served to the defendant indicating a period of time to cure the default. The law is not defensible.”
The deal is, Mr. Hall didn’t even know AT&T was not deducting the correct amount until he was served with court papers. His son’s mother was suing him. He brought the error to AT&T’s attention, and made good on the deficit in payments. But that was not good enough.
His hearing took place November 18, 2013.
According to an affidavit from AT&T, that was not received by Mr. Hall’s previous attorney until January 21, 2014, no one but Mr. Hall, notified AT&T of the error.
“We never notified Mr. Hall regarding the fluctuation of his withholding. No one, other than Mr. Hall, ever contacted this office regarding this error. Our initial discovery of this error occurred when Mr. Hall contacted this office in the fall of 2013.”
Mr. Hall’s attorney plans to “file a motion for reconsideration introducing the AT&T sworn affidavit for the existing court’s consideration” because his appeals have been exhausted.
Interestingly, however, chron.com, dated June 24 and updated June 25, 2014, posted this little tidbit from the judge:
Judge Lisa Millard of the 310th Family Court could decide at any time to shorten his sentence, which she issued earlier this year. But she said Hall never mentioned the clerical error with AT&T.
"Mr. Hall likes to make excuses, but he did not follow the court-ordered child support," Millard said.
Emphasis mine.
Not so fast your honor (cough, cough, gag). According to the same site:
“A transcript of November 2013 court proceedings shows that Hall testified on the stand to Millard that AT&T made a mistake with his withholding amounts. He and his lawyer explained to the court that he didn't know there was a problem until he was served with papers saying his wife was suing him.”
Emphasis mine.
Ohhhhh snap! I hate it when that happens to good ol, gawd fearin’, law abidin’ and enforcin’ judges! Do you think she’s blinded by hate, or the poop clogging her eyes considering her head is too far up her, um, you know.
To be fair, the judge claimed, in court papers, that Mr. Hall had also been in contempt of court for visitation violations. (Though, I found nothing more about the alleged visitation violations.)
“Hall was also held in civil contempt for over-visitation of his child, including picking up his child at times not approved by the court, according to court documents.”
So, a working man who makes an effort to be in his son’s life, a man who has a history of paying his child support, though sometimes late, is now behind bars because of an error, a change in law, and most hideously, a judge who never had to put him there in the first place – and who could let him out this very minute.
Incidentally, if you would like to donate to Hall’s defense fund (they've only raised $75.00 at the time of this posting), you may do so here: http://www.gofundme.com/...
And the irony! At the donation site, you can see an award – Father of the Year – awarded to Mr. Hall earlier this year.
Side Note: Would it surprise you to know that this judge has also made questionable rulings affecting the LBGT community and benefits for same sex partners of City of Houston employees? Me neither. She held a secret hearing and halting the benefits.
Millard, who presides over the 310th State District Family Court, failed to notify [Houston Mayor Annise] Parker and the city before holding a hearing at 5 p.m. on Dec. 17 — the same day the lawsuit was filed — and issuing an order halting the benefits.
Apparently, she works late and swiftly when it involves “teh gays” and those good ol Family Values – like refusing benefits to members of families (and jailing parents who pay child support).