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Child Support served over two years later it was filed. Am I supposed to owe over two years of child support?

Spring, TX |

I am the sole physical and legal custodial parent with my six year old daughter for 5 months now and living here in texas. I just got served today for child support that was dated filed may 2011 from Sacramento, California. I am now in the process of claiming for child support through texas. There was no court order but I've been paying for child support since 2012 when my ex was asking for it but then he stop accepting the money. I have just won custody because he finally went to jail for drugs use that i had no evidence to show the court during first custody battle. I don't understand why I am being served now? I'm already paying for his visitations and 6 months of drug testing. Divorce is still pending and can't even get the right answer for case status via phone - its been over 3 years

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Attorney answers 2


Your facts are very confusing and you will need to consult with an attorney to sort this out. If there was a child support order in California, then California has continuing jurisdiction over your child. If you are sole managing conservator of your daughter, when did the Court grant you this sole managing conservatorship? When you say you were served with child support, were you served with a motion for enforcement of child support? Where there temporary orders set on your divorce case that originally gave your husband custody of your daughter and ordered you to pay child support? You need to seek the advice of counsel licensed in California if this is where your current child support case is. That state has jurisdiction over the divorce, custody and child support matters.

The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.


If your divorce is pending in CA, you need to talk to a CA lawyer about this. It sounds like dad is trying to pressure you with the child support obligation. It also sounds like you do not have an attorney in CA. You need to find an attorney to represent you in CA and get your divorce completed. The child support issue can be worked out in the divorce.

I recommend that you consult with an attorney regarding this matter.