Child support arrears but child was living with me.

Asked over 1 year ago - Abilene, TX

I am over $2000 in child support arrears. The only problem is that I have been raising my daughter ever since the orders were rendered since my daughter's mom didn't think the amount would be too much for her to receive. She left me my daughter which I've been supporting 100%, she barely sees my daughter and only when she needs money from me. She does not take care of my daughter and when she does have her she does not feed her or change diaper. Is there anything I can do about the arrears child support? I cant afford a lawyer right now. Is there such thing as child support forgiveness in Texas?

Attorney answers (2)

  1. Karen L. Marvel


    Contributor Level 12


    Lawyers agree

    Answered . You need to contact the Texas Attorney General immediately and provide proof that your child is living with you (school and doctor records, etc). They should wipe out the arrearages but they cannot change custody for you. The Texas Family Code provides for an offset if you have actual control and support of the child. They may be able to start a child support review process to stop the support. That's the best free option out there. Use your tax refund to hire an attorney in Abilene who is here on Avvo who can help you. Good luck.

    Please be advised the posting of this answer does not create an attorney-client relationship. Karen L. Marvel and... more
  2. Heidi S. Whitaker

    Contributor Level 8

    Answered . You may also be able to contact legal aid in your area to see if there are any pro bono attorneys. Although you have had actual care and custody of the child, you need records and evidence to support that situation. Without evidence, too often it becomes a he-said she-said situation and the back support obligation is left standing. The Attorney General's office can help, but it is not a quick route and you want to get started now. Don't delay because the arrearage will only build and the mother may decide she wants to pursue that money at some point.

    This response does not constitute legal advice. The facts and circumstances of any particular situation are... more

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