-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Karen L. Marvel's Answers
- 38 Legal Answers
- 0 Legal Guides
1
Attorney answers:
My daughter lives with me and her mother still receives child support from me and will not stop it. what can i do
If you cannot afford a lawyer the Texas Attorney General should be able to help you because you are now entitled to child support. They will not fight a custody case and do not represent you -- they represent the State of Texas which gives them the right to get in a case and assist whoever needs assisting. You probably need a lawyer to terminate the withholding order in the meantime -- sometimes the Attorney General is pretty backed up and it takes awhile to process a case. You can call the...
3 lawyers agreed with this answer
2
Attorney answers:
CAN YOU ASK FOR BACK SUPPORT IF IT WAS NOT IN THE FIRST ORDER WITH OAG?
Without reading the pleadings in your original case an exact answer cannot be given -- however, here is the general rule. If retroactive child support was not awarded in the order signed by the judge when your child was 14, you probably cannot get it now. The Attorney General usually requests it in their petition and if it was not granted, there will be a presumption that the parties dealt with it at the trial and are now barred from relitigating the issue. This applies whether the OAG, you or...
2 lawyers agreed with this answer
2
Attorney answers:
Figuring child support
Your husband cannot hide his assets under other family members to avoid paying child support. It is relatively easy to figure out where someone's earnings come from -regardless of whether his name is on the assets. The first question here is: is this his child? A DNA test will clear that up quickly. If it is his child, then he has a duty to support the child and his child support will be based on his wages with consideration that he has 2 other children to support. If he is the father,...
2 lawyers agreed with this answer
1
Attorney answers:
Back child support amd remarriage?
The State of Texas passed a law several years ago that required a marriage license applicant to swear under oath that he or she is not delinquent in court ordered child support. Texas Family Code sec. 2.004(b)(7). The purpose is to help track child support obligors. The county clerk cannot refuse to issue a license if the person states they are delinquent in court ordered child support. Tex. Fam. Code sec. 2.009(d). I don't know if there is some tracking between the Office of the Attorney...
2 lawyers agreed with this answer
1
Attorney answers:
Does my ex husband have to hire a lawyer for me to sign away back child support?
The two of you can go to the Office of the Attorney General. You cannot sign away the back child support until it has been reduced to a money judgment. After that you can release your portion of the judgment. The Attorney General will not represent either of you (they only represent the State of Texas) but will work with both of you to resolve this -- especially if you contact them at the same time he is contacting them. Good luck.
2 lawyers agreed with this answer
1
Attorney answers:
I am on child support and I owe back pay however my pay check is being garnished. I am the only child and I wanted to know
Yes. Any funds you receive from any place can be captured by a Notice of Child Support Lien filed by the Texas Attorney General (if they are enforcing your case) or a private attorney. The applicable laws are Texas Family Code sec. 157.311(b) [definition of "account" includes a life insurance policy in which obligor has ownership or beneficial interest -- which is the person who receives the proceeds] and sec. 157.312(d) [child support lien arises by operation of law against all real and...
2 lawyers agreed with this answer
1
Attorney answers:
I live with my grandparents, my mother still has legal custody over me, can we file for child support from my father.
If your mother is assisting in supporting you and there is a court order, your mother can file for child support. The child support will go to her unless your grandparents file an action to receive it. If there is no court order, your grandparents need to get one that names them as your managing conservator (Family Code speak for custodial "parent") and orders your father and possibly your mother to pay child support. Your grandparents can consult the Texas Attorney General but it will be a lot...
1 lawyer agreed with this answer
1
Attorney answers:
Have a final modification court date. The respondent did not submit a response to a Petition to modify parent child relationsh
Without knowing time periods it is impossible to answer your question. If you are still trying to get conservatorship and she did not answer and does not show up, the court can award you a default judgment and you can go and get your child. If you want your child support back and do not want to try and get custody, that is going to be difficult. You are entitled to child support from her from the date you served her forward and you are entitled to an offset of the child support you owed that...
1 lawyer agreed with this answer
3
Attorney answers:
This question may sound dumb but I still would like to ask. My childs father is incarcerated and is ordered to pay child support
I am sorry that you cannot get child support from your child's father but Social Security disability does not apply in this situation. The purpose of disability is to provide an income for someone whose mental or physical health makes it impossible for them to work. In your case the father is able to work but made a choice with a severe consequence both for him and your child. The child support and interest continue to accrue while he is in jail and he will owe it when he gets out -- whenever...
1 lawyer agreed with this answer
1
Attorney answers:
Can I cancel a child support application once it has been submitted?
You can cancel your application for services generally. Call the office of the Attorney General and ask for a termination of services form. The exception to that general policy is if you are receiving state assistance -- TANF, Medicaid or Food stamps. In that case, in order to receive the state benefits you must take steps to establish a child support obligation or you lose your benefits. On the other hand, having a court order in place protects both of you. If you are living with the...
1 lawyer agreed with this answer