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Texas Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Texas on
Q: I been divorced for 6 years she has custody of the 2 children we both agreed that if I take a reduced amount of her

Pension the child support would remain at the aggree amount until the kids become 18 now she trying to change the divorce agreement and served me with court papers what my rights the child support office is reviewing my income and taking me to court for increase support

John Michael Frick
John Michael Frick
answered on Jan 4, 2024

Typically, the division of the parties' marital estate is treated as being separate and distinct from the determination of child support. Courts rarely approve an agreement whereby one party receives less marital property in exchange for an agreement to pay less child support.

At...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I moved from another state to Texas and still haven’t received support nor has the parent tried to see our child

Is there something I can file, or remove his parental right? He has another child and currently supporting that one without a court order and we are married (I’ve got nothing but 20 dollars from them) I’m a survivor of DV and I’m about to reach 6 months of residency what should I do? I’ve... View More

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

Assuming you have a court order for support of your child from the state you left, you can contact the local Office of the Attorney General and provide them with a copy of that court order and ask for their assistance in registering and enforcing your existing support order here in the State of... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Waive the 60 day divorce period?

Hello, I have a question in regarding to waiving the 60 day period. My spouse has been convicted of domestic violence and we have children together is there a time frame that he had to be convicted.

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

The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction. It only requires that the offense was committed against you or a member of your household. While the court has the authority to grant such a waiver, it is... View More

1 Answer | Asked in Family Law, Immigration Law, Child Support and International Law for Texas on
Q: Person got married being already married in another country and leaving all obligations like child support

There’s already a case started in other country for the child support he never payed and that he sign a contract saying the amount he would pay every month, married a women in another country and falsified his documents

James L. Arrasmith
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answered on Dec 21, 2023

In Texas, as in other states, bigamy – being married to more than one person at the same time – is illegal. If a person marries in Texas while already legally married in another country, that second marriage could be considered invalid under Texas law. Furthermore, falsifying documents to enter... View More

1 Answer | Asked in Child Support for Texas on
Q: In a registry only child support case, is there any way to make the non custodial parent pay their back child support?

Payments are pretty regular but only half as much as they are supposed to be. Also we have never been back to modify anything for increased needs.

John Michael Frick
John Michael Frick
answered on Dec 12, 2023

Yes, you can garnish wages up to the maximum allowed by law, and seize any tax refunds. You can also reduce the unpaid back child support to a judgment and impress a child support lien on any non-exempt assets.

2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Our 16 year old lives and works independently outside the home. Will my husband need to pay child support?
John Michael Frick
John Michael Frick
answered on Nov 14, 2023

In most circumstances, a parent can be required to pay child support until a child reaches eighteen years of age and thereafter until the child graduates from high school as long as the child remains enrolled in secondary school.

At age 17, if a child is financially independent, the child...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do i know if a response was filed for a SAPCR? If no response is made what do I do next?

The default date is tomorrow and I have not received any response from the other party.

Melissa O'Neal
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answered on Sep 18, 2023

After the deadline has passed confirm with the clerk that no answer has been filed and then ask to set it for a hearing.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can the custodial parent not let the kids call/text the non custodial parent? If not what can be done?

My husband ex wife doesn’t let the kids call their dad and when their under the grandparents care it’s the same they don’t call him and if they Do someone (mom or grandparents) are sitting in front of them making sure they don’t say anything they’re not supposed to.

Melissa O'Neal
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answered on Sep 15, 2023

What can be done depends on what the order states. An enforcement or a modification could be filed with the court of the last order.

3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can the counter party in a child custody case request that I cannot use money from my parents to help pay for a lawyer?
T. Augustus Claus
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answered on Sep 5, 2023

In a child custody case, the counterparty can request various things as part of the legal proceedings, including financial matters related to legal representation. They may raise concerns or objections about the source of your legal funds, such as money from your parents. However, whether their... View More

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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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