Do I really have to appear in Dallas court or pay his legal fees for this ridiculous exercise?

Asked about 2 years ago - Dallas, TX

On 4/12 I was served with motion to modify seeking custody and child support. I answered, pro se, general denial 5/2. Child received GED in Feb and turned 18 on 5/5. He stopped paying $500 mo support in Feb when he filed motion, he is $2k in arrears and has never met any ins/med expense as ordered. I was just happy that this was all behind me as he has felony assault conviction for domestic violence against me (1995/96) and has a great deal of money. I filed for mod of child support a year ago when child was incurring great medical expense, transferred case to Brazoria Co, but ended up dropping the case. I am still amazed that he is willing to incur legal fees to avoid $2k. His atty wants me to sign waiver releasing him to avoid cost to go to court. I just want the court to dismiss.

Attorney answers (1)

  1. Karen L. Marvel

    Contributor Level 12


    Lawyers agree

    Answered . You can't waive child support without the court's permission. The waiver will be void. There has to be a judgment and a release of judgment per Texas Family Code sec. 157.263. It's probably more money than that with the medical bills outstanding. I strongly suggest you get the lawyer who filed the original action involved. Even if you dropped the case it is still in Brazoria County. If you need a lawyer, look for Brazoria County lawyers 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

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