How does a non-agreed child support order work in Texas? Is it enforced through the OAG?

Asked about 2 years ago - Missouri City, TX

We went through a CSRP and at the end of the negotiations he decided not to sign. I ended up signing the non-agreed child support order. Will the OAG enforce it even without his consent? Also he claims he will file for joint physical custody basically because he wants to lower his payments (of course he won't tell a judge that). He has to pay $1148 a month and back pay in the amount of $13,880. Will a judge see that he's trying to lower payments by going for joint physical custody? We followed the guidelines in CSRP. He just doesn't want to give up his materialistic lifestyle. We have a 3 year old daughter btw. Thanks!

Attorney answers (2)

  1. James R. Jones

    Contributor Level 4

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    Answered . If you have a support order, agreed or non-agreed, the court will enforce it. If he is behind in his support and considering the age of the child, it is unlikely that he would be given custody. In fact, he could go to jail for not paying.

  2. Karen L. Marvel

    Pro

    Contributor Level 12

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    Lawyers agree

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    Answered . When there isn't an agreement, the OAG sets the case for hearing and asks the associate judge to make their proposed agreement an order. You will get notice. You should get a lawyer to rebuff his efforts to get joint physical custody. The OAG does not represent you and although they may be advocating your interests on child support they have no duty to be on your side on any issue. Look here on Avvo for an attorney in your area who has experience with the OAG. 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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