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?

Asked almost 2 years ago - 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)

  1. Karen L. Marvel

    Contributor Level 12

    3

    Lawyers agree

    1

    Answered . 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... more

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