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Texas Child Support Questions & Answers
1 Answer | Asked in Child Support for Texas on
Q: Do I still have to pay child support in Texas if my kid turns 18 a year before he graduates highschool?

My kid turns 18 one year before he is supposed to graduate, do I have to pay until he graduates even if he is already 18? Is this something I can fight against?

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

Typically yes you will need to continue to pay child support until graduation as long as the child remains enrolled in school. It is highly highly unlikely a court will not require it.

2 Answers | Asked in Divorce, Family Law, Banking and Child Support for Texas on
Q: Will a bank account shared with a sibling or otherblood relative be protected from divorce requirements to divide wealth
T. Augustus Claus
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answered on Sep 1, 2023

In Texas, the division of assets during a divorce is generally guided by community property laws. Community property laws dictate that most property acquired during the marriage is considered community property and is subject to equitable distribution between the spouses upon divorce.... View More

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2 Answers | Asked in Family Law and Child Support for Texas on
Q: Do I pay for half of the cost of something not covered by insurance if my child's father failed to provide insurance?

We live in Texas and my child's father (divorced) failed to maintain insurance. He is court ordered to provide it and is supposed to pay half of our out of pocket. My child is Autistic and received 30+ hours of ABA per week. Apparently we now owe 16,000 to them because it's being... View More

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

It depends on the language of the divorce decree and possibly on other facts like could the same treatment have been received through a provider under a group health insurance plan available to one of the parents.

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1 Answer | Asked in Child Support for Texas on
Q: In Texas, can a child who turned 18 collect the remainder of child support arrears and if so, how?
T. Augustus Claus
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answered on Aug 22, 2023

In Texas, a child who has turned 18 might have the possibility to collect remaining child support arrears, depending on the specific circumstances and court orders in place. If the child is legally entitled to these arrears, there are potential steps that can be taken to facilitate their... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need legal representation asap and I need pro bono or cheap payment plan for child custody I've tried legal aid

Please if someone can help me I don't make but 994 a month and I raise my grandchild I need help I have court on the 1 St for tro and the 26 for custody please help

Elisa  Reiter
Elisa Reiter
answered on Aug 22, 2023

Howdy. Try https://texaslawhelp.org/directory/texaslawhelporg. Most law schools in Texas have pro bono clinics - try contacting the Houston law schools for assistance. https://www.law.uh.edu/probono/ Good luck to you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If I don't have a court order can I move to another county with my grandchild

I filed a petition last yr for custody mom didn't show up oag intervened and I have filed a tro awaiting court on the 1st but no court orders are set

Melissa O'Neal
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answered on Aug 23, 2023

That may depend on what County the case is filed in. Most counties in Texas have standing orders that apply to all family law cases and those standing orders may prevent you leaving the county with the child the subject of the suit.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I have legal custody of my son who is 17 years old and he recently got his girlfriend pregnant. what shall I do?

father is paying child support and now wants to stop child support payments. My son want to move in with his girlfriend and parents. What legal rights do I and my son have, I want him to continue living with me until he finishes High School. Please I need legal help. Is their some type of... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 17, 2023

If Father is court ordered to pay child support, he continues to pay child support until your son reaches age 18 or graduates (or is no longer attending) high school, whichever occurs later.

With your son being 17 years old, there is not a real need to get in family court to get counseling....
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1 Answer | Asked in Child Support and Family Law for Texas on
Q: What do I need to go to a hearing to stop child support. I met all the requirements. I need a lawyer in denton countyTX

I am at the end of my child support obligation due to my daughter graduated from high school and turned 18. There is nothing in the original divorce decree about the continuation of payments after this to support college.

I have already filed a motion via the county court. This is an older... View More

John Michael Frick
John Michael Frick
answered on Aug 15, 2023

Most support orders already specifically state that child support ends on the date of the earliest occurrence of one of several things, including the child turning 18 years of age and graduating from high school. When one of those things occurs, there is usually nothing more you have to do.... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: HOW CAN I GET MY SON BACK FROM MY SISTER IF I DON'T HAVE ANY CPS CASE NOTHING AT ALL

My case has been closed for a year but the cos worker didn't bother to pick up my son at my sister's n bring him to me or even called me to pick him at the office nothing at all so now I'm trying to get him back cuz my sister doesn't want to give him back to me i had called to... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 11, 2023

There may be an information gap here. If there was a pending CPS case, it is possible that a judgment was entered by default. Check with the District Clerk's office where the case was pending, and see if you can obtain a copy of the final order. If your sister was named a conservator of the... View More

1 Answer | Asked in Child Support for Texas on
Q: Texas child support with 1099s

The other parent is paid 1099s. Will the court request his income tax papers to determine child support?

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

It may. You certainly can subpoena them either from the other parent or from the companies that hire him as an independent contactors.

2 Answers | Asked in Family Law and Child Support for Texas on
Q: I filed for child support. The other party hasn’t filed taxes in 2 years will that effect anything?
T. Augustus Claus
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answered on Aug 3, 2023

In Texas, a parent's failure to file taxes may impact their ability to pay child support. When determining child support amounts, the court may consider the income of both parents. If the other party has not filed taxes for two years, it could affect the court's calculation of their income.

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Does Money sent via cashapp not labeled have to be claimed as child support with no orders in place yet ?

Only 2 transactions have a memo “for child”. He with holds money when he is mad or tries to bribe me to do something in order for him to send it or says he will only give me cash in person and I won’t meet him to get ir. He’s borrowed money from me and not returned it and claimed a... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

In Texas, child support payments can be made electronically through various methods, including online platforms like Cash App

However, the fact that money is sent via Cash App without a specific label does not automatically make it child support. The determination of whether a payment...
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2 Answers | Asked in Family Law and Child Support for Texas on
Q: I just filed for child support. The other parent is a first responder and most of his income is from 1099.

Will they base his payments on both or only on his primary job.

Sharita Blacknall
Sharita Blacknall
answered on Aug 1, 2023

In Texas, child support is generally calculated based on the obligor's net resources, which include all sources of income such as wages, commissions, overtime pay, rental income, and self-employment income (including 1099 income).

The Texas Family Code typically considers all available...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: What actions do I need to take to ensure my ex pays Child Support and doesn't endanger our daughter on his motorbike?

My ex-husband refuses to pay the child support that we agreed to in divorce (has previously sent some money when he feels like it but it was never through proper child support routes, and he decides when and if he sends the money, and he is around $20,000 behind over the last 6 years)... and he is... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 25, 2023

If Father is not paying child support as court ordered, then you would need to file an enforcement/contempt action against him and take him to court for nonpayment of child support. If held in contempt, the Judge could sentence him to jail time.

If there is not a law against a child that...
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1 Answer | Asked in Child Support and Family Law for Texas on
Q: how to get the child support office to update their report. default Judgement for Retroactive child support missing paym

child support pqyments were collected by child support office during the period Retroactive was granted

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

To get the State Disbursement Unit (SDU) to update its records, you can send proof of payments made to the SDU which are not properly recorded on your account. Yo update records for payments made directly to the obligee before your account was set up, you can get the obligee to sign an affidavit... View More

2 Answers | Asked in Child Support and Family Law for Texas on
Q: My child graduated high school and just turned 18. Can I just stop paying child support ? Denton county, Texas.

I'm never late on any payment.

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Under a typical court order pursuant to which child support ends if the child has turned 18 and has graduated from high school, yes you can stop paying.

If your wages are being garnished for child support, it does not hurt to submit a proposed order to terminate wage withholding....
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Is it mother allowed to have a fake insurance plan that says limited benefit fixed indemnity plan and benefits are per

Covered person. this is not major medical insurance plan. fixed indemnity benefits are provided for hospital, confinement in specified medical and surgical events. These benefits are paid in daily amounts for covered events without regard to the cost of the services. This is not a medical policy.... View More

John Michael Frick
John Michael Frick
answered on Jun 29, 2023

A fixed indemnity health insurance plan should be acceptable as long as there is minimum essential coverage in place through another policy.

Most current court orders which use various forms as guidelines do not specifically address fixed indemnity health insurance plans and do not...
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1 Answer | Asked in Family Law and Child Support for Texas on
Q: To whom the Subpoena should be served?

I want to file for child support and request a copy of my ex-bank statements. She has accounts in at least 3 different banks and doesn't know any information about her bank accounts, I want to file a subpoena request to get her financial records but do I have to serve my ex since I have no... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 28, 2023

You do not have to serve your ex with the subpoena; however, depending on the bank, it could be hard for you to subpoena bank records if you do not know the account numbers.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: in the divorce decree, the dad is to cover the child for med ins + 1/2 of the med bills and does not, how to enforce it

In our divorce decree, the ex was to cover our son w/medical insurance. He did for maybe 2 years, then stopped. I asked for him to restart the coverage and he refused. How can I get this enforced?

John Michael Frick
John Michael Frick
answered on Jun 28, 2023

You can hire an attorney to file a motion to enforce with the court that issued the order. You might also consider getting insurance and asking the court to modify the support obligations to have the father reimburse you for the cost of the health insurance, which can be withheld like child... View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: I am the primary conservatorship, how I file for child support?

Hi, I filed for temporary custody and received the court ruling as a primary conservatorship, but no child support set because no evidence was provided?!

I want to file for child support and also need the court to ask my wife to provide bank statements for 1 or 2 years because she running... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

You can request that the clerk of the court prepare a subpoena duces tecum to your wife to produce her bank statements.

But, if you do not know how to do this, you really ought to hire an attorney in or near the county where your case is pending to assist you. While you have the legal...
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