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Texas Child Support Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Hello,my ex wants me to get a dna to prove paternity and get me for child support

So she has a 10yr old girl who she says is mine,and now after all these years she want to get me to take a dna test.she has been with a guy that was there since she was pregnant until recently last year they broke up.they were together for 9 yrs or so but never married.the guy signed the birth... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 9, 2021

Depends. With the ex-boyfrien on the birth cerificate, there is a presumption he is the father; it is not conclusive evidence, but certainly compelling. Yhe amount of time that has transpired and the circumstances are a little suspect. Nevertheless, if you voluntarily submitted to a paternity test... View More

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can they take my IRS REFUND on the refund is my rebate credit.

Owe around 4500.

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 8, 2021

The new stimulus law exempts seizure of your stimulus check. Your federal tax refund can and will be seized for child support arrears owed.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: What are my rights or what could I do if I live on a property that my children's fathers name was put on the deed when

His grandfather passed he left a will with his eldest son being the executor of the estate and real property.Q: My children's father owes me back child support arrears and is court ordered also to pay current child support but, doesn't,, am I able to put a property lean on any property... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 23, 2020

Yes. But you will need an attorney to do so. You may be able to use the state or county attorneys who manage cases for child support services in your state. However, that process is slow. A family law attorney can help you accomplish your goal much more efficiently.

1 Answer | Asked in Child Support for Texas on
Q: How do I stop a registry only child support case in Texas. My child has graduated and is 18 years old Thank you
Jane M. Gekhman
Jane M. Gekhman
answered on Dec 23, 2020

Try calling the AG's office to let them know your child aged out. You may have to file a motion and have the judge sign an order terminating withholding (I am assuming child support is being withheld from your paychecks).

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My step daughter’s mother tested positive for covid. If the child is negative does she have to stay with her?

My step daughters mother and her boyfriend tested positive for COVID. My stepdaughter who lives with them majority of the time tested negative in which my husband and I suggested she not stay with her mother if she is negative. But her mom refuses and says she will quarantine with her. She... View More

John J. Pfister Jr.
John J. Pfister Jr.
answered on Jan 1, 2021

This is a unique problem related to the COVID situation. The Texas Supreme Court has issued a general order that parents are to follow the underlying order regardless of lockdowns and school closures. If a parent wants to deviate from the current order - for any reason including a positive COVID... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: What do we need in order to involve a 3rd person to not communicate with my step daughters mother any longer?

My husband and I have tried our best to co parent with my stepdaughter’s mother. It is impossible to try to parent with her..we disagree on many things and she always wants to act like the superior parent. She always wants things her way and there’s Is no way we can talk to her about parenting... View More

Jane M. Gekhman
Jane M. Gekhman
answered on Dec 22, 2020

A parenting facilitator can help resolve issues regarding the child. I have seen parenting facilitators help in very high conflict cases/situations. However, parenting facilitators can be expensive as well for both parties.

1 Answer | Asked in Bankruptcy, Family Law and Child Support for Texas on
Q: How do I get the federal court to investigate a bankruptcy case that was disregarded by debtor.

Child support judgement was reduced to half 27000 and was included in my bankruptcy filing and was paid off in 2006. Then the Child support office refiled for the original amount and tacked interest onto the original amount. The CS office refuses to acknowledge the bankruptcy agreement and more... View More

Kathy Elizabeth Roux
Kathy Elizabeth Roux
answered on Dec 19, 2020

Child support payments generally cannot be discharged in bankruptcy. This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to modify child support obligations. Since you state that the child support... View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can I get a notirized letter saying I paid x amount of money to my child's mother and turn into the child support
Rick  Davis
Rick Davis
answered on Nov 24, 2020

What you are inquiring about is called an Affidavit of Payment and they are commonly used to record child support payments made directly by an obligor to the recipient.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I've been live in Texas and I have a 10-year-old son whose father took me to court about five or six months ago.

He did not tell me when the court date was so obviously he was granted everything he asked for. Which included taking my child support away and asking me to pay $100 a month. But about 3 weeks later he turned around and gave me back my child for me to care for a full time. He's going against... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 30, 2020

The father doesn't have to tell you the court date because when you were served with the lawsuit, there should have been a notice of hearing telling you where, when and what time the case was set for a hearing. So you should have known when the court date was because it should have been right... View More

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Who can I talk to if I have any questions about my current court order (child support)?

Custodial parent is making their own schedule rather than going by court order she moved to NV from TX and refuses to tell me where she is so I can go by court order and pick him up from her residence or meet me at the airport but without the date for school let out I don’t know when I’m... View More

Sharita Blacknall
Sharita Blacknall
answered on Nov 9, 2020

If you have a current court order that is not being complied with by the other party you need to hire a lawyer to file an enforcement action.

If you need help understanding your current order, pay a lawyer to review it and explain the parts you don't understand.

1 Answer | Asked in Family Law, Foreclosure, Child Support and Probate for Texas on
Q: Any options to sue horriable father?

My uncle ended up racking up $27,000 worth of back taxes and so the bank foreclosed on the home and was no will accordingmy cousin whose father has passed away revieved a part of the money that was left after the taxes were paid and the rest was split between my father,uncle and cousin (whos father... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 15, 2020

If your father sexually "molested" you as a child, you may be able to sue him for for sexual assault. This depends on how old you were when the molestation occurred and how old you are now. There are civil statutes of limitation on suits of this nature which may prevent your suing him for... View More

2 Answers | Asked in Family Law and Child Support for Texas on
Q: My ex husband is $10,000 behind he recently bought a home. Can his home be a seized asset?

He’s is undocumented but is legally married to a us citizen. His name is on the deed for the house they got together. He makes $13 or $40 sometimes $100 payments when ever he wants. What can I do to get him to pay the $10,000?

Rick  Davis
Rick Davis
answered on Nov 6, 2020

No. His home is exempt from execution. His wages can be garnished for unpaid child support, however.

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I have guardianship of my daughter friend for past 3years can I get child support from either parent that's working.
Rick  Davis
Rick Davis
answered on Oct 25, 2020

Probably so, but it would be difficult for you to do by yourself with the help of an experienced Family Law attorney.

1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for Texas on
Q: Can CPS keep a child's survivor benefits that the child receives and not give it back to them when they turn 18? My daug

CPS kept my daughters survivors benefits she received from her deceased father the two years she was in their care. They told me it was in a savings account for her and then told her it was to pay for her care. Can they do that?

Brad A. Thomas
Brad A. Thomas
answered on Oct 22, 2020

They likely were able to do that. You can read more about the law in this situation here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200502159.

If your daughter was under the care of CPS for two years, then that means they had legal custody of her during that time and Social Security most...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can a lawyer broker a child support agreement when he knows his client is returning to prison and won’t live up to it?

Would this constitute any ethics violation?

Sharita Blacknall
Sharita Blacknall
answered on Oct 18, 2020

No. Going to prison doesn't negate the fact that a person is obligated to pay child support.

***This is for educational purposes and does not constitute an attorney-client relationship***

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Soo I have a bf owes child support and a lot of it. We are planning on getting married. Will his child support affect me

So if we get married and when it comes time to do my taxes will that affect me as well. Because I always file separately

Rick  Davis
Rick Davis
answered on Oct 13, 2020

If you commingle your money into one account, that account might be garnished for payment towards an arrearage. You might be better often keeping separate accounts or even entering a prenuptial agreement.

2 Answers | Asked in Child Support and Family Law for Texas on
Q: I pay child support, and my kids refuse to see me. What rights do I have to enforce visitation?

I'm being told by their mother that they don't have to talk to me or see me if they do want to. They are 17,15,14 years old.

Ty Czapla
Ty Czapla
answered on Oct 7, 2020

You could file an enforcement if there is a pre-existing custody order to enforce.

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1 Answer | Asked in Child Support and Family Law for Texas on
Q: Is it my obligation as the non-custodial parent to report a change of income to the OAG?

I recently got a new job that pays substantially more. Is it my responsibility to have the child support amount increased?

I know a review to modify can be requested by the custodial parent whenever she wishes. I'm asking if I'm required to self-report that I make more money... View More

Rick  Davis
Rick Davis
answered on Sep 11, 2020

The Texas Family Code does not require you to self report an increase in income.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I'm needing to get help in trying to get custody back of my oldest son. His biological father is currently the CP.

I'm being denied my visitation with him and have been informed that instead of him being with his father, his is with the fathers ex girlfriend and she is living outside of Tom Green County. Thanks,

Rick  Davis
Rick Davis
answered on Sep 9, 2020

You would likely need to consult with a lawyer in the county where the Court is that rendered the last custody Order.

3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can I get custody changed if child claims they were hit by other parent? And another person living in home?
Rick  Davis
Rick Davis
answered on Sep 9, 2020

In order to prevail on a Motion to Modify custody, you have to prove two things: 1) A substantial and material change of circumstances on the part of the mother, the father, the child or some combination of the three, and 2) that the requested modification is in the best interests of a child. I... View More

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