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i gave custody to my ex and im supposed to pay child support but the kids live with me. do i need to pay the child support still
Terrell, TX
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Posted 27 days ago in Child Support
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the children have lived with me since the day septmeber 25th of 08. the dad never took the children they remained in my house hold even though he has custody and he is fine with this. he does not want child support but i was orderd to pay it anyway. i live in texas so i dont know the law for this. i dont think i should have to pay the child supoport to him on children that i have taken care of and who are liveing with me still to this day. they only lived with him for about 3 months out of the year 2008. i have had them all the time of there lifes other than that 3 months. what should i do?
Answers (2)
Natalie Gregg
This attorney is licensed in Texas.
Posted 27 days ago.
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You need to modify your custody order so that it reflects reality. Unfortunately, while you may have an argument for an offset of child support for actual possession, as long as the order is in place that requires you to pay your ex, you must fulfill your obligation to pay child support. I highly recommend seeking an attorney to help you with this process.
Robert Sterling Guest
This attorney is licensed in Texas.
Posted 26 days ago.
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Natalie's answer is correct. You have been ordered by the court to pay support. The only legal way to change that obligation is to file a motion to modify. Do not wait to take care of this problem. If you get a large child support arrearage the Attorney General could file a case against you.
You would have a good argument for an offset of the amount owed, but why wait? Also, if the father has relinquished the children you should get custody modified before he changes his mind. Remember, the court granted him custody, not you. Therefore, if you are going to keep the children long term, you need the appropriate authority. Consult with some local family law attorneys to discuss your options. |
