I owed arrears for child support, but my child stayed with me

Attorney answers (2)

1. Licensed in TX

   

   Brian W. EriksonPro

   Dallas Construction / Development Lawyer

   Contributor Level 17

   

   EmailVisit website

   2

   Lawyers agree

   1

   Helpful vote

   Best Answer

   chosen by asker

   Answered March 23, 2012 19:12. Unfortunately, you have to have a court order to revise or to terminate a child support order. That is true even if you had custody of the child in question.
   
   You may be able to get your attorney to file a motion to modify the child support to reflect the change in custody.
   
   Good luck.

   • Mark as helpful
   • Flag
2. Licensed in TX

   

   Holly A Schymik

   Dallas Family Law Attorney

   Contributor Level 11

   2

   Lawyers agree

   2

   Helpful votes

   Answered March 26, 2012 10:59. You should file a motion to modify your prior order as soon as possible. The modification can't be made retroactive from the filing date, so the sooner you file the better. If a motion for enforcement is filed, the Texas Family Code allows you to plead as an affirmative defense that the other party voluntarily relinquished possession and access to you. But until you get the court involved, your arrearage and interest will continue to grow.

   • Mark as helpful
   • Flag