I have not received child support from my ex since our daughter was born and she is a year old now. I've been covering health insurance and all other expenses. Will the judge order him to pay back support? And if so is it normally paid over time o...
The judge will most likely order retroactive support and possibly prenatal expenses if you have costs for your insurance and out of pocket medical if you have any. Generally the retroactive support is paid out over time. If your ex has the ability to pay a lump sum, show the proof to the judge and ask for a lump sum. As of right now, he has no legal duty to support the child. That does not happen until temporary or final orders are signed by the judge. Good luck.See question
I do not believe that I am paying the correct amount of child support.
The Attorney General represents the State of Texas and not an individual party. You are a customer and not a client. While I agree with my learned counsel that their mission is to collect child support, they also look at your case. If your facts warrant a reduction they will recommend it. The law says there a "material and substantial change in circumstances," which is the standard, will decrease your child support by 20% or $100 per month. You will still pay the health insurance premiums in addition to your child support. Apply online at the AG website. However it will be much faster if you can afford to hire a private attorney to represent you. Good luck.See question
I had my children for many or most of the years that the attorney general is trying to charge me for. I've just never had a way to either go to court because of work or illness to have the child support order changed.
No party, including the Attorney General, can garnish SSI. (supplemental Security Income) . It is specifically excluded from the definition of earnings. But, SSDI (Social Security Disability Income) and Social Security Old Age Income CAN be garnished. It is important to know which benefit you are getting. Also if you are getting SSDI or Old Age income, the child/ren are eligible for a benefit that is credited against your child support obligation. Take your Social Security paperwork to the Attorney General's office and if you have a lawyer for your Social Security case, have him/her look it over. Good luck.See question
Is there a way to clear the arrears and interest for his child support payments?
No party can release child support arrears and interest unless the arrears and interest have already been reduced to judgment. It is mandatory under the Texas Family Code. Parties are forbidden from self help and it is void. You can go to an attorney and do a motion to confirm child support arrearages (if there is no judgment) and after the judgment is granted, release the judgment. If there is a judgment done already by the Attorney General or a private attorney, you can release all or part of it.
There is good public policy behind this procedure. It protects parents from being pressured into giving up child support in a custody case or in a family violence case. I don't know your circumstances but carefully consider why you are doing this. Child support is a duty to to the child. Maybe you can give the money to your children to help them out if you don't need it anymore. Good luck.
I have sole custody of both my children and their father has partial I would like to take complete custody from him so my new husband can adopt the children. My husband has been in there live since our little girl was born. But there biological fa...
Mr. Guidry is correct about the procedure. Termination and stepparent adoption is not a do it yourself procedure. If the father does not agree to relinquish his parental rights there will need to be court hearing to terminate his parental rights. Also, the law requires a social study of your home with your new husband to verify that the children are well cared for (which is a no-brainer but still required by law). Please look here on AVVO for an attorney in your county who does adoptions who can work with you. Adoption is happy law for lawyers -- one of the best parts of my practice. Good luck!See question
My ex-husband passed away last year and I am wondering what the procedure is for requesting accelerated child support? In my divorce decree it is ordered that my ex-husband's estate would be responsible for the child support after his death. In a...
Your decree may also state that any benefits the children receive from Social Security or VA as a result of their father's death shall be credited against the child support obligation. That money may wipe out any claim for future support but not the back support. You need a lawyer who handles child support and probate law. Look here on AVVO for someone who does both. I am sorry for your loss. Good luck in this difficult situation.See question
Paying child support but still can't see my child.
I am changing this case to child custody area. You need to look for attorneys in the county where your case is pending and talk to several about the particular facts in your case. Do you want visitation enforcement to see your child or for your child to live with you? Are there reasons (criminal history or family violence) why the other parent does not let you see the child? Are there mental health issues? See if any of the lawyers offer free or reduced fee consultation so you can get a feel for whether this lawyer is right for you. Custody battles are expensive - financially and emotionally -- be prepared. Good luck.See question
Idid a child support modification through the attorney general on January 19,2015, and went online to check that status through public civil records with my case. My question is according to the case information the other party still has not been ...
You applied for a modification request through the Attorney General. That is the start of the process -- not the filing of an action. You are a customer and not a client as all the paperwork you filled out stated. They gather documentation and send out paperwork to the other side. Expect to wait 3 - 6 months for a determination or a review conference, which is the time they have under federal and state law. You have no grounds for a complaint when you are getting free services. Please look into hiring a private attorney. It is worth the money to move your case along faster and get your child support changed.See question
We got divorced 6 years ago, I keep after him about filing QDRO, he will not complete paper work. I need to know what to do. He wanted the divorce, he should take care of it a and pay for it.
If you want the money from the QDRO, you should go ahead and pay to have it done. If you don't want to pay your lawyer to do it there are very reasonable lawyers who prepare QDROs here on AVVO or you can search on the internet. If your divorce decree required him to prepare the paperwork you might be able to recover your attorney's fees for filing to enforce it. Either way, it's worth the money to get your share. All you are doing now is getting angry about something that is not going to change unless you take action. Good luck.See question
Can I do anything to terminate the retroactive child support order? After I signed the termination papers I never had contact with my child, it wasn't until several years later that I found out that the termination paperwork was never filed and th...
It sounds like you signed the affidavit of relinquishment but the custodial parent never filed the termination so nothing was completed. Unfortunately for you, the child support obligation and interest do continue. Once the arrears have been reduced to judgment, you may be able to negotiate a settlement but not before that. It would be the compassionate thing for the custodial parent to do, considering you were led to believe your child support cut off on the day you signed the affidavit. The support you owed up to that date remained due and payable. I urge you to consult a lawyer. This delicate situation cannot be handled through the Attorney General where you are a customer, not a client. Good luck.See question