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North Texas mom struggles to pay child support as AG website delays disbursement

For the first time since June, Elvia said she can now see the child support payments she posted on the Texas Attorney General's new ChAMP site. 

The AG's office touted the launch of Children Are My Priority in a July news release.

Ken Paxton's office said it would replace the state's antiquated system. The release stated that the state had implemented the program in June and had processed 3.1 million payments totaling $614 million in support that had been disbursed at the time.

Payments made, but not received

Elvia, who did not want CBS News Texas to release her last name, said she began experiencing issues around the same time. The 46-year-old said she could make child support payments, but her ex-husband was not able to receive the money for their son.

She's been married twice and has two sons, one from each marriage. Her oldest is autistic. Alex and Mateo are her world. She said her relationship with Alex's father is far better than her relationship with Mateo's.

"Before my rent is paying my son's father. Before buying groceries, is paying my son's father," Elvia said. "Before paying my lawyer, is paying my son's father, because if not, I'm breaking the law."

Custody loss followed financial hardship

Elvia said in February 2024 that she lost day-to-day custodial rights of her son, Mateo. The mother of two said she shares joint management conservatorship with the four-year-old's dad. He won the primary designation rights.

"I just didn't have money to fight the system," she said, "And I'm okay with that because I don't have a choice."

Months before, Elvia said she lost her career. Her marriage was subsequent. The judge ruled that she had to pay $1,300 monthly in child support. Elvia said she lost the case trying to represent herself until the week before the custody hearing, when she got an attorney. With no sympathy or continuance from the judge, the court ruled she needed to pay child support. Her ex-husband took her back to court to force Elvia to pay.

Unemployed, but still making payments

The Crowley mother said she was unemployed, so the payments were out of reach. Since April, with the threat of six months in jail, she's been making payments for a child who is typically at her house.

"I wanted to rent a billboard to beg somebody to hire me," she said. "But I mean, that costs money."

For a year and a half, she's been using independent labor, including Uber, to make the payments. Elvia said she's behind on rent and other bills, but her sons are taken care of.

"I learned that when you don't have money, there is no justice," she said. "And the justice here is not that I have to pay. The justice here is that I'm doing everything I'm supposed to be doing as a mom. And I still have to pay. And when I don't and when I can't, I'm facing six months jail time."

System maintenance delayed disbursement

Elvia provided CBS News Texas with emails from the state after three months of system messages that described maintenance. She said trying to get answers over the phone was impossible.

"And so I am following the law today," she said. "But I also need the Office of the Attorney General to do their due diligence and to release the funds."

In July, the email stated, "We're currently completing planned system maintenance, causing the delay in your payments posting."

She got the same email at the end of August. It said, "The funds will be applied—once the system maintenance has concluded."

CBS News Texas did not get a response from the Attorney General's Office about ChAMP to learn more about Elvia's issue. Our reporting uncovered similar problems in news reports from the Houston area.

Fighting stigma and seeking justice

Elvia received child support as a kid, but never wanted to become a statistic or a stereotype. She believes the court system made her one.

"I just saw a lot of what not to do. And truthfully, you know, the only successful people I had ever seen was J.R. Ewing and Bobby Ewing from the hit show Dallas," she said. "I'd never seen anybody look like me who had done anything with themselves."

Elvia said she plans to fight the judge's ruling to lift the weight of her monthly child support payments. She remains unemployed.  

"And so I just said, you know, I'm not smart. I'm not talented. But I don't know how to give up," she said.

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