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Texas Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: In Texas, can a non custodial parent switch to 1st 3rd and 5th after electing once a month?

Circumstances usually play a part in a parents election for over 100 miles whether they can do 1st 3rd and 5th or elect once a month with 14 days notice. If circumstances change for the non custodial parent, could they change to the default standard possession order to increase time with their... View More

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Mar 28, 2024

Over 100 miles Apart :- When parents live over 100 miles apart the noncustodial parent is provide with option when completing a standard possession order as outlined below , if your parenting time schedule has already bean established by a court the child support division is unable to modify this... View More

0 Answers | Asked in Child Support for Texas on
Q: A respondent had 34 violations of unpaid child support. It was found that the respondent had the ability to pay.

Does this mean the respondent only served 7 days total?

Criminal Contempt

IT IS ORDERED that punishment for each separate violation is assessed at confinement in the county jail of xxxxx County, Texas, for a period of 14 days (2 for 1 service).

IT IS THEREFORE ORDERED that... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If my husband want to take our kids can he hes hasn't really been in the picture for over 7 years

They also have to go to summer school as it's demanded my the state can he still be able to take them

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

In the absence of a court order, yes either parent can have possession of his or her own children. That does not excuse their absences from school and you both will be liable for any truancy that may occur as parents of the children without court-ordered separate periods of possession.

You...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How do I submit an enforcement for child support on my own?
John Michael Frick
John Michael Frick
answered on Mar 13, 2024

You can contact the Office of the Attorney General through the following link: https://www.texasattorneygeneral.gov/child-support

If, for any reason, you do not want to use the OAG, you need to hire an attorney in or near the county where you live to enforce the child support order. This...
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0 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My co-parent's lawyer is stalling with the joint custody order and the co-parent refuses to pay child support.

Recently, I completed a mediation agreement with the co-parent of my child. The conditions for child support stated that wages would be garnished in the upcoming month and I would receive child support. Because the lawyer has not drafted the order, the co-parent is not legally obligated to pay and... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: Why do I have to pay back child support if I was taking care of my son WHILE LIVING with my ex and paying him rent?

He got custody because he lied and 3 weeks after the divorce decree was signed he invited me to move back in with him and be 24/7 mommy. He was abusive and I left. We had a big fight and he went after back child support. My attorney was lazy and ended up screwing up my case and didn't want to... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 29, 2024

You should of went to the AG office when you moved back in the house. If you already paid the child support your case is moot. If you owe arrearage go to the AG and request a hearing to confirm the arrearage

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: I just received my final decree signed by Judge but how do I know how am I receiving my child support and change of name
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The Decree should include the name change if you asked for your name to be changed and the judge granted it. You should register your child support account with the State Disbursement Unit which is where your decree should be requiring the obligor (or his employer if you also have a wage... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: If a man is considered a noncustodial parent, what can he do to change that?

My boyfriend's lawyer, while my boyfriend was in prison, said it would be best to sign as noncustodial parent. He is out now, and doing the right things to live a good life and wants to have rights to his daughter again. What steps need to be taken to make this happen? Who can we call? We... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

In order to change the custody arrangement, your boyfriend will need to file a SAPCR ("suit affecting the parent-child relationship") seeking a modification of the current custody arrangement with the court in the county where the child lives in California. While the outcome of every... View More

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I was sued for divorce in Jan 2023. I retained an attorney who failed to get a continuance granted, and I lost all righ

She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can the court find you in contempt, and in jail if the dates that they’re finding you and contempt are incorrect?

My child is going to be 20 this year and they are trying to put me in jail for something that happened in 2021 on incorrect dates. Over back child support

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

This question as worded is too vague to answer. The correct date may or may not be material to the contempt finding. For example, if the contempt order says you failed to timely make a child support payment of $1,000 due on January 2, 2023, but your child support payment was actually due on... View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I am held in contempt and ordered to 180 days in jail on paper when I have my next hearing can that order be changed?

If I am held in contempt and ordered to 180 days in jail on paper when I have my next hearing can that order be changed? I feel behind on child support and was held in contempt today. My next hearing is in 3 months and on paper it says that day I will start my sentence, my lawyer however told me to... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 21, 2024

Yes. Your lawyer is correct. You need to pay the child support and get a job asap.

2 Answers | Asked in Child Custody, Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: The other parent and I are married. We don’t have any custody order. The other parent keeps denying the child but…

took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More

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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: I have a temporary court order from 2014 I would like to close it to be able to receive child support.

Temp order for custody/child support arrangement. 7 Days with mom then 7 days with dad we were supposed to go back to court to finalize everything. The mother did her 7 days on and off for about 2 to 3 months she was never consistently keeping the child when it was her 7 days there was always an... View More

John Michael Frick
John Michael Frick
answered on Feb 9, 2024

Given the facts you describe that this case has been hanging around with only temporary orders for more than ten years--which is very unusual--$2600 sounds extremely reasonable. I recommend you take that deal.

1 Answer | Asked in Child Custody, Child Support, Divorce, Landlord - Tenant and Family Law for Texas on
Q: Need help with a complex divorce question involving false allegations, eviction attempts, and the removal from my home.

On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.

Your question does not disclose what makes your divorce case complex. I...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: My wife left the last page of the divorce petition unsigned, where she was to send a certified copy to the OAG. Invalid?

She also claimed there was an active protective order against me, and waived the 60 day period. This is also incorrect. She was denied such an order yet still chose to lie and say that there had been family violence in our marriage. She also lied about an affidavit of inability to pay, which I can... View More

John Michael Frick
John Michael Frick
answered on Feb 8, 2024

No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.

You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.

As for the affidavit of...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Why am I being asked to take a paternity test for child conceived last year, after being divorced for 7 years?

We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.

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1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Texas on
Q: I asked for a divorce from my emotionally abusive husband. How can I make it legal with no money?

Im not sure what my rights are or what to do next. I want this to happen soon. I’m afraid that I’ll get stuck here.

Todd B. Kotler
Todd B. Kotler
answered on Feb 7, 2024

Many courts allow you to file by also filing an affidavit of poverty (sometimes styled as a motion to waive fees or "in forma pauperis"). Se which of these your county's court requires by local rule. Good Luck.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Terminating Parental Rights

Is there a Publication for Termination of Parental Rights? I’m not sure where the man is and I’m over trying to negotiate with him.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

Yes, you can petition the court to allow you to serve the Father via publication in a Termination of Parental Rights lawsuit. You will need to attach an affidavit to your petition stating the steps that you've taken to attempt to locate the Father.

I hope this information helps. Good luck to you.

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