I have a court hearing to establish child support, and while I'm ready and more than willing to pay the monthly payment, they are also requesting I pay back child support. Can I setup a payment plan or will I have to pay the amount in full on the ...
You cannot be placed in jail at the first hearing when they request retroactive (back) support. It is in the nature of a judgment and they will set up a payment plan -- they never ask for the full amount but sometimes they make ask you to make a down payment on it. Even with that, you can negotiate an amount. If you made direct payments to the other parent or provided necessaries such as formula or diapers or furniture; if you and the other parent lived together before or after the child was born - be sure and bring all proof to the hearing so you can get as much credit as possible to lower the back support. Good luck.See question
I have not had contact with child support in over 30 years. I recently got my life back on track, and filed income taxes for the first time in 27 years. It was taken due to back child support. My son is now 37 years of age, and during this time ch...
You need to post this question in Louisiana because the law is different there. In Texas back child support can be released by the parent AFTER it is reduced to a judgment AND if no money is owed to the state to reimburse for public assistance money paid out. But there are no time periods barring collection of back support. So if you owe it, you owe it. Check with the state of Louisiana and find out how much you owe. Good luck.See question
Both my daughter and I live in Texas she is 33 years old married and has children of her own. Her mother gets the child support the child gets none can I get it stopped or can I get it to my daughter some how. The mother has money and is doing th...
As Ms. Brochstein said, the money is owed to the mother of the child, not to the child. The mother of the child expended the money to clothe and feed the child when your daughter was younger. Whether it is for spite and greed is not really relevant. Your best bet is to see if you can come up with a lump sum and pay her off. She would have to agree with it so if you have the means to do this get an experienced lawyer to negotiate this for your. I am sorry you are in this situation. Child support is always owed, no matter how old the child is and there are many remedies available to collect it.See question
I signed myself up for child support three years ago and she never filled out the papers and sent them back. What should i do now?
Go to a family law attorney in your area to get a court order that gives you legal rights and duties as the father of this child and sets your child support obligation. The Attorney General has over 1 million cases in their system. If they have not set up your order you still have a natural duty to support your child and could get hit for retroactive support back to the date you and the mother stopped living together. Find an attorney here on AVVO and save yourself from future grief.See question
I have 3 daughters, 1is 19, 1 is 20, and 1 17. Im still receiving monthly bills for the full 2500, thats what i paid on all 3. Do the other two adults fall off or do i need to go to court. My bill each month is 4,895$ ??
Check your court order. Does it have a drop down provision? It should. If it does, like the previous writer said, give the Attorney General proof of graduation from high school to stop the obligation. If it does not have a step down provision, you should hire a lawyer to modify the court order to stop the child support. However, if your children are fully enrolled in a program leading to a high school diploma AND meeting minimum attendance and class requirements, child support is required until they graduate. So if a child has special needs and has not graduated yet, you may still owe support on that child, but you can check with the school to verify compliance with attendance policies and progress towards a diploma. Good luck.See question
If I pay off my child support and still have interest to pay who gets that. My ex or the state?
The way payments are applied, all payments made go to principal first, then to interest. The law says the State receives its money last (if any money is owed for assigned arrears such as food stamps, or Medicaid) but any interest accrued on that money goes to the parent owed child support. Congratulations on paying off your back support principal.See question
If my ex and I don't agree on an increase will they take into consideration how much more she makes also? I read in section 154.123 they can take it into account when calculating? I just cant afford to pay more, I'm in future pay, help out with ex...
Texas law allows the judge to look at many factors in setting child support. However the guidelines primarily look at the obligor's income. A lawyer can help you effectively argue that a departure from the guidelines is warranted for several reasons -- such as the amount of time each parent spends with the child/ren; helping out with other expenses and more. In my experience some, but not all judges, will consider that. You should consult with a lawyer about your specifics. Good luck.See question
I have been in jail for the third time for non payment of back child support. My son is over 18 and his mother will not forgive the back support. The interest continues to mount up and is more than I owe for unpaid support. Being in jail doesn't m...
The interest continues to accrue on the unpaid child support but the collection of it is abated during the bankruptcy. It will not really help you to file bankruptcy. You can get a better payment plan from the Texas Attorney General if you will pay regularly. In all cases your payments go first to principal and then to interest. It feels like you are not making headway but the effective interest rate is really about 3% with the principal first application. You need to make steady monthly payments and you will see a difference on the case. Good luck to you.See question
Temp order states that medical reimbursement should be paid. It never has from the start of the order over a year. In the TX Family Code Medical Reimbursement is covered under child support section. Would non-payment of medical reimbursement be co...
Your question shows you live in Bexar County. Unfortunately, our District Attorney's office rarely, if ever, prosecutes unpaid child support cases under the Penal Code and leaves the enforcement to the private attorneys and the Attorney General. If your case is in temporary orders you can hire a private attorney to enforce the past due support if the Attorney General is not moving fast enough. The AG does not represent anyone except the State and it has its hands full with over 1 million cases statewide. There are not a lot of reasons for a case to be in temporary orders over one year (custody litigation being the exception) so you need to push to move this case forward. Good luck.See question
I have a 23 year old son for whom I've never received child support -- never married to his father, who ended up in prison, but is out now. Can I recover any retroactive support?
From your question it appears you never got a court order for child support and are now seeking retroactive support. As the other attorneys stated, an action must be filed before the child's 22nd birthday to get retroactive child support. You can establish paternity, but not get any child support.See question