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Can a divorced man be forced to pay back child support when his ex wife refused to allow him access to his daughter?

Decatur, TX |
Filed under: Child support arrears

My boyfriend is from Texas where this is happening (he currently lives in California, his ex in Texas) and his ex is retroactively forcing him to pay child support ($100,000) for his 17 y/o daughter she refused him access to for 13 years. His daughter's grandparents were even required by the mother, not the law, to pay hundreds of dollars to the mother before she would let them see his daughter.

When his ex finds out his daughter has contact with him, she abuses her. She physically abuses her daughter and this is in retaliation for him contacting CPS.

Attorney Answers 2


Texas has a presumed limitation on the amount of back support to be paid -- it is presumed that 4 years of support is in the best interest of the child unless the mother can prove (1) the father knew or should have known he was the father of the child and (2) "sought to avoid the establishment of a support obligation. " Tex. Fam. Code sec. 154.131(d). Child support is calculated based on his income. It sounds like he needs a Texas lawyer to protect him and put together the paperwork. Look here in Avvo for a lawyer in the county where the case is filed who handles child support cases. Good luck to both of you.

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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Karen L. Marvel

Karen L. Marvel


I may have misunderstood the question. If he is divorced and there was a court order in place, he absolutely owes the support because her failure to allow visitation does not excuse his failure to pay support. You can't withhold one because you don't get the other. He needs to get a lawyer who can look at the circumstances and get it cleared up.


Child support and visitation are two separate issues. So child support is enforceable even if the parent denies access to the child. The reverse is also true, even though he doesn't pay she isn't permitted to withhold the child. Sounds like you all need to go back to court.

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