TexasCHLforum.com

Background check question:

If you owe child support payments and are not making them can you still pass a background check? This would be for a security guard job. No, not me. I'm checking on someone else.

Don't know about passing a background check. Back child support needs to be paid. Not paying child support in Texas can be a reason to have occupational licenses revoked. Tell the person to take care of the child support question then it isn't an issue.

I don't know about a background check for a security job, but for a CHL the person has to be adjudicated delinquent; i.e. a judgment/order signed by the judge. Some will argue that a determination by the AG's staff that works on child support issues would suffice, but I don't know of any cases testing this theory. I do not believe it would.

Regards,
Chas.

Charles L. Cotton wrote:I don't know about a background check for a security job, but for a CHL the person has to be adjudicated delinquent; i.e. a judgment/order signed by the judge. Some will argue that a determination by the AG's staff that works on child support issues would suffice, but I don't know of any cases testing this theory. I do not believe it would.

Regards,
Chas.

When i first got my CHL back in '03 i was about $1200 behind in child support payments. I had missed a couple payments while switching jobs and what not. Anyways, i called the AG's office and set up a repayment plan and that was good enough to get my CHL. I paid an extra $90 a month until i was cought up. I never saw a lawyer about it.

This guy in no way will make those payments. He intends to quit if they start garnishing his wages. I was just wondering if it would catch up to him when it came time to renew his license? I can't see why the background check would be any different for a security guard then it would be for a CHL license. The DPS is in charge of all that paperwork and a commissioned officer can carry a gun on the job.

one eyed fatman wrote:This guy in no way will make those payments. He intends to quit if they start garnishing his wages. I was just wondering if it would catch up to him when it came time to renew his license? I can't see why the background check would be any different for a security guard then it would be for a CHL license. The DPS is in charge of all that paperwork and a commissioned officer can carry a gun on the job.

If he is adjudicated as delinquent by the AG's office he will not be eligible to renew. In fact, the Private Security Bureau of DPS will suspend his registration as a guard.

Although DPS does the backgrounds, the requirements are different for CHL's and Private Security.

Tell your friend that he can be held in contempt and jailed for 6 months for failing to make payments, or for intentional under or non-employment.

txinvestigator wrote:

one eyed fatman wrote:This guy in no way will make those payments. He intends to quit if they start garnishing his wages. I was just wondering if it would catch up to him when it came time to renew his license? I can't see why the background check would be any different for a security guard then it would be for a CHL license. The DPS is in charge of all that paperwork and a commissioned officer can carry a gun on the job.

If he is adjudicated as delinquent by the AG's office he will not be eligible to renew. In fact, the Private Security Bureau of DPS will suspend his registration as a guard.

Although DPS does the backgrounds, the requirements are different for CHL's and Private Security.

Tell your friend that he can be held in contempt and jaiedl for 6 months for failing to make payments, or for intentional under or non-employment.

Jail is too good for a deadbeat dad. No matter what the differences between the dad and mom the kids deserve to be supported.

Thanks txinvestigator.

UPDATE:

This guy is telling me he owes $53,000 in child support payments. Holly Smolly! He finally gave the security company his real SS#. Wonder how long it takes for them to catch up to him?

OOPS! That's not good.

Charles L. Cotton wrote:I don't know about a background check for a security job, but for a CHL the person has to be adjudicated delinquent; i.e. a judgment/order signed by the judge. Some will argue that a determination by the AG's staff that works on child support issues would suffice, but I don't know of any cases testing this theory. I do not believe it would.

Regards,
Chas.

Amen to that Charles. Per GC 411.172(10), a person is eligible for a license to carry a concealed handgun if the person has not been finally determined to be deliquent in making child support payments administered or collected by the attorney general.

As much as the AG would love to serve as judge, jury, and executioner, "final determination" must come in the form of a judgement. Thank God, the AG's office cannot enter a judgement. I have never known of anyone to be denied if they have been ordered to pay arrearages. "Final determination" means the person obligated to pay has shown an absolute unwillingness to pay.

one eyed fatman wrote:UPDATE:

This guy is telling me he owes $53,000 in child support payments. Holly Smolly! Wonder how long it takes for them to catch up to him?

WOW!!

Ya know the bummer about this is I don't think he's the father of those children. He married a woman who already had children. And the court system is sticking him with the child support bill. I've heard of this happening before. The court system can be a really strange beast.

If he is not the biological father and he never adopted them then i don't think he should have to pay. If the courts are making him responsible then that's just messed up.

Show Killer wrote:If he is not the biological father and he never adopted them then i don't think he should have to pay. If the courts are making him responsible then that's just messed up.

You can certainly be held responsible for children if they're yours by affinity, even if they're not yours biologically.

If you marry someone with young children, and serve as a parental figure for a considerable portion of their lives, such that the children devlop emotional bonds and rely on you for their support, then you are the parent. If you divorce, you owe the same support as if they were yours by blood.

Personally, I'd say you owe that support even more than someone who is a biological parent, but has never been in their lives.

Kevin