Get free answers to your Child Support legal questions from lawyers in your area.
I am a 15-year stay-at-home spouse who was not initially awarded spousal support and only received 8% of the potential child support. We have since filed an appeal against this decision. Could you provide guidance on what statutes govern spousal and child support and any potential outcomes or steps... View More

answered on Mar 8, 2025
See Texas Family Code Ch. 154 for child support provisions: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm
See Texas Family Code Ch. 8 for Spousal Support: https://statutes.capitol.texas.gov/docs/fa/htm/fa.8.htm
I need assistance with filing for both custody enforcement and custody modification. The current custody order from 2018 includes vague terms with supervised visitation. Despite changes, where the father has unsupervised visits, the mother is now refusing any access. The father has tried to... View More

answered on Feb 28, 2025
The order shouldn't be vague unless you received only the ruling (1-3 pages on average), not the full final order (20-50 pages on average). Make sure you have the final order. If it's still vague, you may file your own modification suit (visitation) since you moved. It's probably... View More
I am involved in a child support modification case in Texas. I filed a notice to cease and desist collection by wage withholding or any other method, arguing that Texas lacks jurisdiction to enforce state and federal Title IV-D child support enforcement. When I attempted to e-file the notice, I... View More

answered on Feb 21, 2025
In order to preserve this point for appellate review, you must not only timely make the complaint to the trial court, you must secure a written order signed by the trial court denying your complaint.
The best strategy when attempting to dramatically change the law in an instance like this... View More
I have been married for 5 years and have custody of our only child. My spouse, who is employed, has moved out, and I am currently unemployed. We have not filed for divorce or legal separation yet, and we only have a verbal agreement with no prenuptial agreement in place. Do I qualify for spousal... View More

answered on Feb 18, 2025
Once a divorce petition is filed, the court may award temporary spousal support during the pendency of the case. There are many factors that the court could consider including the spouses’ education, work experience, any physical or mental limitations, access to assets, monthly... View More
I am involved in a child support case, and the other party's middle name is misspelled on the motion for hearing and motion for transfer. I've notified the relevant authorities, and they initially said it could be corrected before the final order. However, now they claim they will not... View More

answered on Feb 17, 2025
There is no legal prohibition regarding the length of a party's name on a pleading. It is best practice to ensure that the parties' names are 100% correct on all court papers filed in a matter. Sometimes, it may not be harmful, for example on an agreed motion to dismiss a civil lawsuit... View More
I am still paying child support for my son who will turn 22 in April. He is enrolled in an online high school, but his mother is having him earn the minimum credits to extend the support requirement. The original order ends at 18 or upon graduation, whichever comes later, and hasn't been... View More

answered on Feb 27, 2025
Under Texas Family Code § 154.002, child support can continue past the age of 18 only if the child is actively working toward a diploma and meeting attendance requirements. Given your son's age and his lack of academic progress, you have grounds to seek termination of the support order.... View More
DHS clised my file ! They had it set up where if her ss was used the money was intercepted taxs lottery this legal
I have a non disclosure due to violence - Denton County stated they couldn't do anything besides allowing him custody since he filed first even after i showed proof of violence. After 3 yrs of separation, he states since he doesn't see us as married we aren't (but argued about... View More

answered on Jan 24, 2025
A lawyer with experience in family law is who can help you fix it. As with anything else, such a lawyer will expect to be paid for his/her services at the usual and customary rate for the time it takes to fix it. Just like a plumber is going to want to be paid to help you fix your plumbing or an... View More
Recently divorce share custody of my son with ex husband who has never come down to see my son has only sent $20 dollars in a span of 3 years that we were separated. Now that we are divorce he's only paid another $20 towards what he already owes in child support. He lives in another state and... View More

answered on Jan 21, 2025
Normally, under the UCCJA (Uniform Child Custody Jurisdiction Act), the state that is the "home state" of the children for the preceding six months has jurisdiction over child custody determinations concerning the children. If your children have lived with you for the past three years,... View More
I did not know about my court date due to the fact she had me serve somewhere else now they say now they put me on back child support and she moved and won’t give me her address to see my kids

answered on Jan 20, 2025
It depends on the status of the court proceeding and, if a judgment has been signed, how long it has been since the judgment was signed and when you first acquired actual knowledge that a signed order was entered against you.
You need to obtain your court records (most of which are... View More
CAN SHE COME AFTER MY ONCOME ONCE WE ARE MARRIED SHE KEEPS ASKING FOR REVIEW EVERY TIMES SSOMETHING DOESNT GOES HER WAY. IM AFRAID ONCE WE MARRY SHE WILL TRY TO MAKE THEM INCLUDE MY INCOME SINCE I MAKE MORE THAN HIM . I LIVE IN TEXAS

answered on Jan 16, 2025
In Texas, only the noncustodial (or non-primary) parent's income is used to calculate child support for the child(ren). Texas does not include the income of the noncustodial parent's spouse in the child support calculation.
I hope this information helps. Good luck to you!
He has lived with me for the last few years with nothing from her. She doesn't want child support or anything from me. How do I ensure she doesn't change her mind? We can't really share custody or have normal visitation since we are in Texas.

answered on Dec 16, 2024
When you negotiate your new child custody order, include a specific provision that states that you have provided support for your son for X years (without ex-wife paying child support, if applicable) and, therefore, the parties agree that you will not be obligated to pay child support to your... View More

answered on Dec 4, 2024
The OAG is a good route to go without hiring an attorney IF you and the other party are NOT in agreement over who will have custody of the child(ren), or how often a parent will have some visitation with the child(ren). The OAG will assist with any disagreements over the monthly child support... View More
child's father is unstable. a history of alcohol abuse, insomnia, depression and anxiety. He isn't allowed to work for the state because of instances that happened while he was in active duty. he owns a gun that is military grade, and he keeps it out in the open or out at all times. he... View More

answered on Nov 30, 2024
You need to retain a lawyer if you want to protect your child. You may be able to get supervised visitation for the father.
I am in the end of my divorce and child custody case. my spouse has committed perjury by informing the judge of false accusations regarding myself trying to commit suicide. He committed perjury by advising the judge that he has ever taken care of the children. At any time he committed perjury by... View More

answered on Dec 4, 2024
Statements made in judicial proceedings including divorce actions are absolutely privileged and cannot provide the basis for claims of defamation or slander.
Perjury is a crime which can be reported to law enforcement. It will be up to police and to the district attorney whether the State... View More
Good afternoon. I pay $1300 a month as a non custodial parent and we have joint custody of the kids. My son needs to go to the barber to get his haircut but the mom refuses pay for it. Also he always goes to school with slippers and socks, no sneakers or shoes. What are child support payments... View More

answered on Nov 6, 2024
Child support is a payment from one parent to another. The parent receiving the payment has discretion as to what those funds are used for. If mom tales your son to the barber, she will have to pay for it. If you take your son to the barber, you will have to pay for it. If you want to buy your... View More
Does that bind the court order? Or must it be corrected

answered on Nov 6, 2024
It should be corrected. This may be require an order nunc pro tunc. The attorney who assisted you with the original order ought to be able to help you correct that fairly quickly.

answered on Nov 1, 2024
You should seek out a family law attorney to discuss getting a divorce in Rexas.
Texas law does not allow for "legal separation" for which a separation agreement would be needed. In Texas, you are married until you are divorced.
Also, Texas is a community property state,... View More
I need help, I have no clue what to bring they just said I have this hearing. My child has Medicaid but I never knew he had Medicaid until after I filed for the divorce. What do I bring?

answered on Oct 25, 2024
You should bring documentary proof that your child receives Medicaid benefits. If you or your child receive any other needs-tested government benefits, bring documentary proof.
If not, it may be useful to bring your most recent tax return, paycheck stubs, and bank account statements if... View More
I have custody of my daughter; she is 15 and "wanted" to live with her dad. They drink alcohol and smoke weed and he encourages a very inappropriate lifestyle for her. She has missed more than 8 days of school already. She won't talk to me now. I want to ensure a judge will hold him accountable.

answered on Oct 22, 2024
Assuming that you did not agree to allow your daughter to live with her dad and have filed a motion to enforce your custody rights, it is likely that the judge will hold your ex-husband accountable and grant your motion to enforce.
Justia Ask A Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.