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Texas Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Texas on
Q: Can the judge force me to file for child support if I am in Drug court

The court ordered me to file for child support even after I told them he would hurt me if I did.

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

It is common, as a condition of probation, that you would be ordered to support your children. As long as you are able to do so without government assistance or child support from the other parent, it is arguable that ordering you to file for child support exceeds the power of the court.... Read more »

1 Answer | Asked in Adoption, Child Support and Divorce for Texas on
Q: Is it wise to set up child support payments to a bank account instead of through the Attorney Generals Office?
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 23, 2023

It is not wise. The other party could claim it was a gift and you may have to pay double. Use the AG and you will not have any issues

1 Answer | Asked in Child Support and Estate Planning for Texas on
Q: Unpaid child support and alimony and assets hiding in the form of Revocable living trust

I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 11, 2023

I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

- ANSWER: Enforce this judgment.

So he setup a company with his wife as registered agent and owner of the company. His wife is...
Read more »

2 Answers | Asked in Estate Planning, Family Law, Child Custody and Child Support for Texas on
Q: My son's father filed writ of attachment and TRO against me claimig false abuse and neglect. I need help. Idk what to do

He has filed false claims in another state as well and I showed proof of his lies and the state not having jurisdiction. The judge's statement ruling states he frauded himself in that court. That was in Sep. He has brought basically the same accusations it an unknowing judge in Texas and now... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 9, 2023

You need to call legal aide and see if you qualify for a free lawyer

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1 Answer | Asked in Child Support and Family Law for Texas on
Q: Am I owed child support and equity in our home even if we were never legally married in the state of Texas

My boyfriend proposed and i moved in with him to a home that was given to him by his parents. There is about 100 thousand equity in the house. We have been together 9 years and have 2 children ages 6 and 3 We have both worked and shared expenses 50/50. I have an engagement ring but we never... Read more »

John Michael Frick
John Michael Frick
answered on Jan 7, 2023

Since you indicate you were never married, you were his roommate and not his wife.

Now, as the mother of his children, you may be entitled to child support. Or, conversely, you may be ordered to pay child support to him.

You should hire a family law attorney near you to file an...
Read more »

1 Answer | Asked in Child Support and Estate Planning for Texas on
Q: If obligor owes large amounts of unpaid child support payments and creates a revocable living trust ..what to do?
John Michael Frick
John Michael Frick
answered on Dec 30, 2022

Trust funds are generally not safe from child support or alimony. This is true even if they are spendthrift trusts. You might review the article “Are Trust Funds Safe From Claims For Alimony or Child Support?” Trusts & Estates (April 2013).

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If parent fails to provide health insurance after being ordered by the court, who’s responsible is it to pay bills?

Mom was ordered to apply for Texas Medicaid by court, Dad is paying for premium to the state of Texas. Mom refuses apply and is asking dad for 50% of medical expenses. Per court documents “a parent ordered to provide for Health insurance … who fails to do so is liable for necessary medical... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 29, 2022

Mom should be 100 percent liable under most orders

1 Answer | Asked in Child Support and Family Law for Texas on
Q: I'm trying to sign my rights over I can't afford child support
John Michael Frick
John Michael Frick
answered on Dec 26, 2022

If you are the genetic father of the child, this likely will not work unless the genetic mother is deceased or also agrees to put the child up for adoption.

If the genetic mother of the child is married to someone else and he wants to adopt the child (called a stepparent adoption), it...
Read more »

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Child Support for Texas on
Q: My brother has a 110000 bond just want to know if there is a way to get it reduced or to get him reinstated in probation
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 21, 2022

Retain a lawyer. The lawyer can ask for bond reduction and to reinstate probation

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Under what circumstances should a file a motion to clarify a child support court order?

I the mother am the custodial parent of my son My sister in law is the caregiver and POA of my disabled husband who I am separated from (the non custodial parent) of my son. She is interfering with the child support court order that states that I am to mediate the supervised visitations with no one... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 14, 2022

Retain a lawyer to review your current Order, You may need to file a Motion to enforce or a Motion to modify

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: Can a 17-year-old move in with his noncustodial parent?

They live in Texas. Mother and father do not get along at all.

John Michael Frick
John Michael Frick
answered on Dec 12, 2022

Yes if both parents consent.

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1 Answer | Asked in Child Support, Divorce and Legal Malpractice for Texas on
Q: If my divorce lawyer didn't look out for my best interested & the divorce was settled.Can I get another lawyer & refile?
John Michael Frick
John Michael Frick
answered on Dec 8, 2022

No. Your settlement will preclude you from relitigating your divorce against your former spouse.

Your legal remedy is a legal malpractice case against your former attorney. You will need to show that your former attorney’s conduct did not meet the standard of care for attorneys...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can I amend my answer to a SACPR to add a counter petition before the court date?

I had filed an enforcement of visitation on the mother of my son but was unable to get her served in time. She then filed her own cases against me. I filed my answer assuming the visitation enforcement would be a part of it, but I'm not sure about that now. Can I still request the enforcement... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Dec 6, 2022

Your Motion to Enforce is separate. You can file a Counterclaim to her motion, You need to retain al alwyer,

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Does the Christmas break visitation go into effect now or when the child is actually in school?

My child isnt in school yet. shes only 4. The father is trying to get her half of christmas break because the custody papers say when shes in school he gets her half but she isnt in school yet. its standard christmas break for parenting time. It says the father gets her from the first day of... Read more »

John Michael Frick
John Michael Frick
answered on Dec 4, 2022

Sec. 153.3101. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district... Read more »

1 Answer | Asked in Child Support for Texas on
Q: I need to find out how to file for an appeal dealing with child support. Basically a de novo
John Michael Frick
John Michael Frick
answered on Nov 17, 2022

(b) To appeal an associate judge's decision, other than the issuance of a temporary restraining order or temporary injunction, a party must file an appeal in the referring court not later than the seventh day after the date the party receives notice of the decision under Subsection (a).... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Hi I need a lawyer to go with me on 14 if this month are help reschedule my court date

I need to hire a lawyer

John Michael Frick
John Michael Frick
answered on Nov 11, 2022

If your case is pending in North Texas, I recommend Konnor Lee of Law Offices of Mark Childress in Fort Worth or Carla Rankin of Rankin Law PLLC in Rockwall.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: My husband is investigating his child support from Asume, how would he owe back child support, it's taken from his pay.

He has 3 kids in PR 1 from his first marriage and 2 from his second marriage. All his child support is taken out monthly since he is in the military in the States. How would he owe back child support?

John Michael Frick
John Michael Frick
answered on Nov 8, 2022

It is possible the military made a mistake and didn’t withhold enough. It is also possible that there was a gap in time between when the child support order went into effect and when the military began withholding from his pay. If he didn’t make direct payments during that gap in time, he... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: What is needed to file for a de novo hearing in Travis county

I had a judge sign off on temporary orders on Friday. But they are not fair or just. They were written by my husbands attorney since I do not have one.

John Michael Frick
John Michael Frick
answered on Nov 7, 2022

If the temporary orders were made by an Associate Judge, you should file a proper and timely objection to the specific parts of the order which with you disagree and promptly set it for hearing before the district judge.

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: How to file a judges temporary child custody order as a pro se?

My child’s father and I went to court in March 2022 for a temporary hearing I was granted primary custody and child support. I was pro se and he had a lawyer the judge ordered his lawyer to file the order. However, after about six months of waiting, I finally found out that he stopped paying his... Read more »

John Michael Frick
John Michael Frick
answered on Oct 21, 2022

The preparation of an enforceable child custody and child support order requires the knowledge and experience of an attorney practicing in the area of family law.

Unless you are fully familiar with what is required from past experience (for example, from working as a paralegal or legal...
Read more »

2 Answers | Asked in Child Custody and Child Support for Texas on
Q: Any chance i could get custody of my child if i haven't been in his life for 9 years?

Birth Cert signed by us (Both parents) but the mom decided to cut me off from the child for all these years. I respected that and gave her space, now i want the child back so he can grow with his other siblings( i have a new family now). We live in different states. Any chance i could get custody... Read more »

John Michael Frick
John Michael Frick
answered on Oct 14, 2022

Every child custody case is unique and is judged on its own particular facts using the legal standard what is in the best interests of the child.

In my experience, being absent from the child’s life for nine years is not a favorable fact for you to win custody.

But, in most...
Read more »

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