Clerical error leads father to jail for failing to pay child support Dad says his employer withheld the wrong amount of money to send to his son's mother

Clifford Hall, right, surrendered himself to authorities Tuesday after exhausting his appeals options in a child support case in which he says his employer, AT&T, withheld the incorrect amount for months. Clifford Hall, right, surrendered himself to authorities Tuesday after exhausting his appeals options in a child support case in which he says his employer, AT&T, withheld the incorrect amount for months. Photo: Melissa Phillip, Staff Photo: Melissa Phillip, Staff Image 1 of / 6 Caption Close Clerical error leads father to jail for failing to pay child support 1 / 6 Back to Gallery

In the eyes of the law, Clifford Hall must go to jail because he didn't fulfill his obligations as a father.

For several months he failed to pay the full amounts owed in child support for his 12-year-old son. But Hall said he's being punished just because of a clerical error at his workplace.

After exhausting his appeals options, the 43-year-old Houstonian surrendered himself to authorities at the Harris County Civil Courthouse Tuesday to serve a six-month sentence for failure to pay child support.

While Hall worked at AT&T, an employee in charge of garnishing his paycheck for child support withheld the incorrect amount for months, according to a January 2014 affidavit signed by an AT&T employee who manages workers compensation benefits.

Hall said the mistakes led to his son's mother not receiving the proper payments. But he said he didn't know it was happening until she said she was suing him last year.

AT&T didn't notify him of the fluctuation in his wage withholding either, according to the affidavit.

When he realized the error, Hall paid back more than $3,000 before his court date. But it wasn't enough.

In tears, Hall said he told his son to keep praying.

"I told him, 'I'm going to fix it,' " he said.

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.

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.

Hall's attorney, Tyesha Elam, said the judge might not have remembered the specifics of the proceedings since she handles so many cases. Millard could not be reached in a follow-up phone call to explain the discrepancy.

Hall brought his case to the 14th Court of Appeals. They also found him in contempt and remanded him to jail.

Elam said she hoped his case would draw attention to the "unintended consequences" of recent changes to a state child support law.

Legislators repealed a law last year which used to afford parents a way to escape punishment by making good on back payments before their court date. Now, if a parent is behind on child support, they can face jail time - even if it was a filing error.

"I will continue to fight for my son," Hall said on Monday.

Another factor in the decision, Millard said, was Hall's history of paying child support late.

"I usually give them a chance to pay," Millard said of their first late payment instance. "And on their second contempt I send them to jail."

Hall said he had previously fallen behind on child support for his son because he was unemployed. But when he was employed again he said he made good on them before his court date.

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.

Elam said it's not the judge's fault for her client's situation - it's the change in the law.

Hall, who is facing up to six months of jail time, said he is mostly worried about his son.

"I just don't see how this is going to help anyone," he said.