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Texas Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Ex breaking contract from mediation and hiding with my son, what can I do to enforce contract or get custody of my son?

Mom and myself have a final order in that we agreed to with mediation and she's constantly breaching contract. I don't have an address on file and there is barely any communication coming from her so I'm not able to have a relationship with our son. I want to start over and fight... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

You need to make sure your address and other contact information is immediately updated with the court, with the mother, and with the state child support disbursement unit.

I strongly recommend that you make sure your child support payment history is accurate and shows that you have been...
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1 Answer | Asked in Divorce, Child Support and Family Law for Texas on
Q: Should I file to pay child support even though were not divorced yet and she's not allowing my to see the children..
Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

Even though you are married, you can file what is called a Suit Affecting Parent-Child Relationship (SAPCR), without filing for divorce. In that suit, the court can order visitation as well as child support and decision-making rights. If you do not have the funds for this, you can ask the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What are my options for a divorce?

My children are 11, 15, and 18 years old. My 18-year-old has autism, so he will continue living with me. I want my younger two to stay with me because their father is always working and can't be available to meet their needs. My husband has arranged for me to stay home and take care of the... View More

Christopher Michael Schmiedeke
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Christopher Michael Schmiedeke
answered on Aug 13, 2024

If you were to file for divorce, you could ask for temporary spousal support to help pay bills similar to what is going on now. I am not sure how long you have been married, so I am not sure if spousal maintenance after the divorce is on the table. If you have been married longer than 10 years,... View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: how do i appeal child support in texas? We were not served and suddenly we got mail that he has to pay $600 a month

My husband had custody of his daughter, allowed her to go live with her mom and grandma, dropped the $65K arrears with the agreement she doesnt file chilc support on him. he hasnt seen his daughter in 2yrs extreme parent alienation but hes also recently diagnosed with MS and is diasabled. we cant... View More

John Michael Frick
John Michael Frick
answered on Jul 24, 2024

If he was not served, you may be able to file an appeal if the order was entered within 30 days, a restricted appeal if the order was entered within six months, or a bill of review if the order was entered within four years. The appropriate legal mechanism will depend on the facts and... View More

1 Answer | Asked in Employment Law, Tax Law, Child Support and Family Law for Texas on
Q: what can I do if my credit score got badly damaged by my employer and issue has not been fixed

They badly dropped my credit. Also they are being sued in California but I wonder if it had anything to do with the taxes of federal witheld. Is it normal for a company not to tax you federal taxes if the gross pay is lower than $1000.00 but yet when they taxed me on a check which was a christmas... View More

James L. Arrasmith
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answered on Jul 23, 2024

If your credit score was damaged due to your employer's mistakes, it's important to address this issue directly. Start by gathering all relevant documentation, including pay stubs, child support payment records, and any communication with your employer. Contact the credit bureaus... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: in 2015 i was never served to go to divorce court. i have evidence to prove they never served.

it has caused me legal issues, and financial burdens with no legal merit, evidence of income, or any other burdens of proof.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If a divorce was granted without proper service of process, you have only four years from the date of the divorce decree to file what is called a bill of review to challenge the decree. Particularly when you mention things like child custody and child support, most people would learn of the... View More

1 Answer | Asked in Small Claims, Child Support and Family Law for Texas on
Q: can i sue for money paid in past under enforcement of court order in civil family court?

I am wanting to sue my ex for amount I have paid over the past year for medical child support because he never followed the court order and submitted the proof that he was paying what he said for insurance. the attorney general says it's out of there hands now because the support has ended and... View More

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

I do not believe you can sue to recoup amounts you paid for medical support that you were ordered to pay by court order. At best you can sue to enforce the court order against your ex requiring him to submit the proof he was paying what he said for insurance as long as you are still within time... View More

1 Answer | Asked in Child Support for Texas on
Q: Basically a girl message me saying i am pregnant, what do i do legally?

If she is I don't want anything to do with the kid. I don't mind paying child support, etc.

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

Request a paternity test to determine if the child is yours. If it is, enter into an agreement for child support.

2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Do 1,3,5 weekend visitations still happen during summer after NCP had their consecutive 30 days for summer?

We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.

Does holiday vacation override weekend visitation for summer?

Is NCP entitled to weekend visitations?

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

In a typical Texas possession order, the NCP continues to have weekend possession typically on the 1st, 3rd, and 5th weekends during the summer subject to the CP's summer possession rights. Typically, the CP is entitled to designate one weekend of the NCP's during the summer as the... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need know the proper form to file a writ of Habeas corpus in Victoria Texas

I filed the writ of habeas corpus and the order the judge did not sign it said it wasn’t in the proper form

John Michael Frick
John Michael Frick
answered on Jun 18, 2024

Assuming you are talking about a writ of habeas corpus to release an adult from jail as a result of a child support or child custody contempt proceeding, that would be Form 35-1 and 35-2 of the Texas Family Law Practice Manual.

You can purchase the Manual at...
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1 Answer | Asked in Child Support and Family Law for Texas on
Q: If child isn't in guardians custody an there getting child support an the child isn't with them do they have to pay back

My mother had my son since Jan 2024 he's been back in my custody she won't give him his child support he's been getting will she have to pay that back when we go to modification court? It's been 6 months she's received 200 every two weeks since and hasn't given him any of it.

John Michael Frick
John Michael Frick
answered on May 31, 2024

If the obligor (the person ordered to pay child support) has filed a motion to modify child support against your mother, the court can retroactively modify the child support back to the date of filing of that motion as long as the obligor used due diligence to serve your mother in that modification... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Divorce for Texas on
Q: Can I file for divorce on my own, if I'm asking for NO court ordered child support for a 4 year old?

Spouse is in Harris County, however I now preside in Travis County. I'm not seeking child support and don't want a legal battle.

John Michael Frick
John Michael Frick
answered on May 13, 2024

Legally, an individual is allowed to represent herself (or himself) in court in Texas. It doesn't matter whether you are asking for court ordered child support or not.

Legally an individual can rebuild the transmission of her own car.

You have to ask yourself if you have the...
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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Will a judge consider my motion to dismiss if I do not point to the exact rule, but just reference the code?

I filed a Motion to Dismiss for an enforcement of unpaid child support motion my ex made. In it I referenced the Texas Family Code, I couldn't find the rule but I described it as a friend advised me to do so. Will the judge grant my motion, or will it be considered ambiguous?

John Michael Frick
John Michael Frick
answered on May 13, 2024

A motion to dismiss is not available in a case brought under the Family Code. TRCP 91a(1).

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs

if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs with 2 kids now im trying to enforcement.. but just asking can i revoke divorce he makes twice more in his income

John Michael Frick
John Michael Frick
answered on May 7, 2024

No, you cannot revoke a divorce. If you were unaware of the previous divorce proceeding and did not receive notice as a result of some fraud or deception by your ex-husband, you could possibly file a bill of review.

Disparity in income standing alone is not a sufficient basis for an award...
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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: Hello! I am wondering if there is a way to sue a non custodial parent for back child support?

My NCP has been working under the table for a year, and has not been submitting child support payments, nor been in contact with me. I do know where he is working, however the owner of the company is also his friend, and is most likely paying him in cash or personal checks.

John Michael Frick
John Michael Frick
answered on May 6, 2024

Yes. If your NCP has been ordered to pay child support, you can file an action with the OAG to enforce his child support obligation.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: The OAG filed an enforcement, at court the ncp is claiming a possession credit, but he took her without my consent

Her dad took her for over 9 months and refused to give her back and moved to another city about 4 years ago, now the OAG filed an enforcement case because he is almost $8000 in arrears. At court he had the balls to say those arrears should be wiped out because he deserves a possession credit... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 4, 2024

You should of never let him keep her 9 months. You could of file a Writ to get her returned to you. It is up to the judge to decide if he will be given possession credit.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: My wife and I justwent through an awful cps case and the court lacked jurisdiction and they proceeded as though they had

There was another court that had ccej and they were aware and denied us a dismissal.

John Michael Frick
John Michael Frick
answered on May 1, 2024

If the court truly lack jurisdiction and you timely complained but the court denied your request for relief, you should timely file an appeal from its ruling.

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Personally haven’t been getting help from the other parent.

Can I ask the court for physical and legal custody if the other parents hasn’t tried to even go to court for our child, it’s been about a year. I’ve been asking for a divorce but they’re just clinging on and telling me to wait.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

If you are still married to the other parent, you will need to file a petition for divorce and include a request to be appointed sole managing conservator in the divorce pleadings.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: my child’s father won’t sign our custody order after we have been to court and it’s been finalized.

hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.

In many cases involving child custody, agreements reached between the parties are...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: In Texas, if I'm paying child support am I also responsible for paying for child care?

I'm currently paying child support as a non-custodial parent however, the mother of my children's grandmother also receives $500 a month for "child care". I'm also currently having to go to the custodial parent's home in order to spend time with our children because... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

You are only responsible for child care if you have a contractual arrangement with the child care provider to pay that provider or a court order that orders you to pay child care in addition to child support. Unless the court order specifies that you are only allowed to spend time with your... View More

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