How to file a lawsuit for back pay of child support?

Asked over 1 year ago - Garland, TX

I want to file a lawsuit against my ex husband for our three daughters for back pay of child support. His amount is 51,000. What should i do and how should i go by doing this. Also he just got out of jail two months ago and still not trying to handle his responsibility or what the judge told him he would have to do for our three girl's ,and the 15 year is the only one that should receive current pay. That's just how fast our girl's have grown because the other two are 19 and 23. But i am a person that will not tolerate it as long as i have breath in my body i will fight for what is right for my daughter.

Attorney answers (2)

  1. Mark Anthony Cohan


    Contributor Level 15

    Answered . You need to file a motion for enforcement in the court that issued the child support order (unless certain things have changed). You need to draft it, file it, serve him with it, and have a hearing. You'll also need a statement from the AG showing he's delinquent.

    I'd strongly recommend consulting a local attorney as the pleadings are tough in this one.

  2. Richard B. Turbiville

    Contributor Level 2

    Answered . While I agree with Mark Cohan that hiring a private attorney to assist is the best approach, a less expensive recommendation is to consult with your local office of the state Attorney General's office. They are in the business of enforcing child support awards. The good news: they are practically free; the bad news: they have lots of cases, so you'll probably get quicker service from a private attorney.

Related Topics

Nondischargeable debt and child support

Child support is a nondischargeable debt in bankruptcy. Back child support will remain even after bankruptcy, regardless of the chapter.

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