New York Designer Jailed in Texas for Failing to Pay $390K in Child Support

From the outside, Fred Castleberry’s story might seem like the embodiment of the American Dream. He went from a being a divorced Texas wedding photographer to a fashion industry star, living in Park Slope, working for designers such as Ralph Lauren and making television appearances. Eventually, he started his own company, F.E. Castleberry, where he designs custom suits and sells other expensive merchandise under the tagline, “The better you dress, the worse you can behave.”

Unfortunately for Castleberry, a Parker County, Texas judge disagreed with the company motto and sent him to jail for failing to pay what is estimated to be $390,000 in back child support owed to his ex-wife, Bethany Richardson. While this might seem like an extreme case of a parent failing to honor their legal obligation, it holds some important lessons for any parent who pays or receives child support, such as:

• Delaying does not work — Some paying parents might assume that their former partner’s right to collect child support expires in a few years in the manner that other types of legal claims are barred by the statute of limitations. However, child support law is different. Richardson first sought child support in 2012. The Texas Attorney General’s Office contacted her to close her file when their son turned 18 in 2021, and then initiated a lawsuit after realizing she was owed hundreds of thousands of dollars. In New York, a recipient parent has 20 years to recover past due child support after a default.
• Judges will order arrests in some cases — As Castleberry had left the state, Texas authorities did not have the ability to take him into custody in order to compel his child support payments. When he failed to show for a court hearing, the judge issued a warrant ordering Castleberry’s arrest once he returned to the state. This occurred when he visited his father. Though most child support disputes don’t wind up with a parent behind bars, courts treat these matters very seriously.
• Ask the court for changes, if warranted — Despite his high-profile career, there are other examples that indicate Castleberry is having financial struggles. If you are a paying parent and a job change or some other factor has reduced your income, you should request an immediate modification from the court rather than missing payments or trying to reach an informal agreement with your ex.

Don’t sit by while your former partner ignores their child support obligation or risks serious sanctions for nonpayment. Bryan L. Salamone & Associates, P.C. represents Long Island parents in a full range of child support proceedings, including actions to recover past due payments. To schedule an appointment to discuss your situation and legal options, please call 1.631.479.3839 or contact us online.