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Agreed to lower child support - son tried to live with me. But went back. Will I have to pay arrears; son went back w/o court?

Austin, TX |

My son (15( was hitting my ex-wife. We all decided he would live with me. Because of my other son who stayed with ex, the court made an order to lower the child support while my older son adjusted. After 9 months, my older son moved back to mom without any court or anything. Both ex and I had lawyers because I wanted custody of younger son as well and she did not want that. It is taking a long time for the AG and her attorney to change the Agreed lower amount of child support to what it is supposed to be since she has both kids since August. It is not Oct. 18th? Will I owe bigtime arears in child support becaue I have paid a lower amount per the order that the TX AG and her attorney still have not changed? Should I be sending more money to the TX San Antonio Child Support Address now?

Attorney Answers 1


Probably not. If you did a final order 9 months when your son came to live with you, the modification can only go back to the date they file to change it. If you and your ex did a temporary order the court may be able to go back to when your son came to live with you. I would set the money aside just in case. You can voluntarily increase your withholding but the State Disbursement Unit will probably mess it up so you are better off .
Another option is for you and your ex to make an appoint with the Attorney General's office, go in together and get an agreed modification done. If she has a lawyer and you don't, you can also go see the lawyer and get it fixed. Good luck.

Please be advised the posting of this answer does not create an attorney-client relationship. Karen L. Marvel and the Law Office of Arthur G. Augustine, as a condition of their employment, require a signed written employment agreement prior to formally establishing an attorney-client relationship with any person.

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Thank you for the helpful advide. When my 15 year old son came decided to live with me under the police being called and him hitting my ex etc. it was Nov. 2011. Then both in Jan and Feb. I obtained a Temporary Order of Custody of my 15 year old son. It was not a Final Order of custody of my 15 year old son because my ex knew that myself and my attorney were going to try to get custody of my 11 year old son after that. So she hired a lawyer and he was at the Jan and Feb. hearings so I only got the Temporary Custody of my son and a lower child support amount. But in August my son said he missed his frends and facebook girlfriend (even though they never met) from where his mom lives and he wanted to move permanently with her again. So I just gave my 15 son to my ex. And we both called our lawyers to stop the case for custody of the 11 year old and get rid of the Guardian Ad Litem etc. So you are saying since I only got a Temporay Custody Order, I will likely have to pay full child support for the entire 9 and 1/2 months I supported my 15 year old son? That doesn't seem like justice to me. Especially since my ex was so angry with my 15 year old she would not allow him to take anything from his house. We had to buy him all clothes, jackets, shoes so he could attend school in School District by my house. But since it was only temporary custody, you are saying I owe her the full amount since it was lowered in Feb. 2012 with that Temporary Custody Order that including a changed lowered Witholding order? I will be behind many months. My ex and I have both discharged our attorneys because the fees are more than we each have. We both don't make much money at all. If I got to the AG, I know my greedy ex-wife she will demand to get full child support from Feb to Nov, Dec or Jan or whenever the AG or her leaving and being discharged attorney finally change it. I could owe $2400.00 in arrears when I supported Nick and my ex never even picked up on many weekends at all including mother's day and did not want to see him for anytime during the summer at all except two weekends. Do you think I should try to see if my attorney can help me and get out of paying so much when I fully supported my 15 year old son for so long and she never wanted to even visit him. A lot of times she would take him to lunch and then bring him back to the house. Thanks

Karen L. Marvel

Karen L. Marvel


There is no reason for you to pay full child support for the time your son lived with you. The temporary orders cover your obligation to August. Beginning at the end of August you should be paying the full amount because both children now live with their mother.



Thanks Karen. That makes sense to me. I have no problem paying back child support from August to whenever the lawyers on both sides finally get the withholding order from my employer corrected again. I have paid a temporary lowered amount of child support to her since Feb. 2012. I am happy to pay Aug. to whenever the full amount. I will start setting money aside so that I will be a-ok once the AG or her lawyer finally change it to the full amount it used to be. My lawyer said it was my ex and my the lawyer of my ex responsiblity to change it. And the fax cover sheet from my ex's lawyer said he would make the withholding order to fix the amount. I guess the legal wheels are just slow. I have followed my attorney's instructions and signed the order that ends the case. It is a short order that completely denies my plaintiff demand for custody of both boys and gives them back to her and all it says is that everything from the standard visitation order I had before my 15 year son suddenly lived with me one horrible Nov. night with the police and beating up my ex - everything that May 2010 order will become the new standard. Like I said I signed it and faxed my sig. page to my lawyer. But my ex, her lawyer or the AG is taking a long time. I will continue to save money so when it does come back to normal. I will be ready. I am paying 1/2 the child support today. So it should not be too bad when it goes back. Thanks again for advice so I can be ready to pay the arrears. =)

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