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Texas Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son's father has gave me my son back. How do I get myself taking off child support

Can I get some of my back child support money taken off since I have had my child more than the father

Sharita Blacknall
Sharita Blacknall answered on Jun 7, 2021

FIle for modification of your current order.

The attorney general will help you if both parents are in agreement.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can i ask for temporary removal of my child from her father in a temporary child support hearing?

My child is currently with her father and our case is pending in court, his attorney is requesting i pay temporary child support and his attorney fees right now, can my response to this ask that my child be temporary removed out of his care and for him to pay child support i do have proof he is not... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 1, 2021

You can file a counter-petition and request temporary orders. Request what you want and set a temporary order hearing requesting what you want.

1 Answer | Asked in Child Support and Family Law for Texas on
Q: How does child support payments work when your staying at home to care for my daughter with an illness?

I lost my job due to having to stay home to care for my four year old daughter recently diagnosed with epilepsy. I have always paid for child support for my two older children and unemployment denied me because my old job instead of firing me put I quit showing up. Which is true, I had to care for... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 1, 2021

Contact the child support office and tell them your situation. Tell them you need to modify or abate your child support.

Please note that if you are unemployed you are still responsible for paying some amount of child support. However, you may be able to get it lowered to the amount of a...
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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: Do grandparents have custody rights in this situation? Texas

My friends sister has a 2 year old. They live with their parents. Without telling anyone, the sister checked herself into a mental health facility. She gave her son to a coworker to watch. The coworker does not normally interact with her son. The parents (parents of sister) want him to be back at... Read more »

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

As a general rule if both parents are alive and well, rights not terminated, or incarcerated, then no grandparents have no rights in Texas.

Without court orders granting the grandparents rights, they have none.

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1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Should I let my ex know that I know about her adultery before we go to divorce court, or let it be a surprise?

im going through divorce. we havent gone to court yet. my daughters, 14 and 15, have chosen to live with me, not her. Mothers day weekend, was her first weekend to have them since she moved out a month ago. the very first night she took them to a biker party at her new boyfriends house, got... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on May 13, 2021

I would suggest that you reach out to a local family law attorney in your area (Irving) so the attorney can sit down with you, learn what's been filed so far in the matter and better understand the facts surrounding your situation.

Adultery is not illegal in Texas. However, it may...
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1 Answer | Asked in Child Support for Texas on
Q: Due to Covid I got behind on child support since last year. No income since last July.
Jonathan Tanaka
Jonathan Tanaka answered on May 10, 2021

Thanks for your question! We would need some more context as I'm not sure what your question is exactly. I would suggest that you reach out to a local family law attorney in your area so they can sit down with you and learn more about your situation and review the child support order.... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Should I sign a dismissal if I'm pro se and want the petitioner who filed a motion to confirm child support, to pay the

Amount due allocated by OAG.? If I sign it he will still have to pay

Sharita Blacknall
Sharita Blacknall answered on Apr 27, 2021

This question cannot be answered without a review of the court file, the facts of the case, the law applicable to the facts of the case, what the other side is requesting, and your goal for the case.

1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Q: I’ve been divorced and have 50 50 custody of my 2 children, there was no child support in place because of the 50 50

She tells me when I can get the kids and now she wants to take me to court for child support even though I’ve asked for week to week and she refuses

Jonathan Tanaka
Jonathan Tanaka answered on Apr 26, 2021

I would suggest that you reach out to a family law attorney in your area (Dickinson) so they can review the divorce decree with you and discuss what your options are.

It sounds like your ex-spouse is wanting to modify the final order to give her primary custody and to order you to pay...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Child Support - Medical Expenses

I live in Texas - I have a friend who's ex-wife just popped up and said that he needed to pay 5 years of back medical expenses. I believe the ex-wife carries the daughter on her insurance since it was better originally. These would be additional medical expenses that he was completely unaware... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 26, 2021

He needs to read his order to see what it says about giving notice to the other party of the expense owed. If the requirements in order were not followed he will need to make that argument to the court. The OAG is not going to argue anything on his behalf.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can my daughter's mother take my daughter and not let leave with her

She keeps saying I can come down there and visit her but I'm not on any visitation papers or anyting and I don't want visitation I want to actually pick up my daughter and go to my house and bring her back in a day or so I'm on the birth certificate she's my daughter I just... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 22, 2021

Thanks for your question! I would suggest that you reach out to a local family law attorney in your area (Dallas) as soon as possible.

If there has not been prior court orders, you will need to pursue legal action to establish paternity and visitation, custody, and child support matters....
Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: f I leave town to stay with my mother or sister with my son could I face legal consequences from my husband?

I need to leave my husband and he had threatened to take my son if I ever try to leave. I have no family or friends. No where to leave to in town.

Sharita Blacknall
Sharita Blacknall answered on Apr 15, 2021

If there is no court order in place restricting your residence you can move. However, your spouse could file a motion requesting you move back because it is not in the best interest of the child to be moved. But, you get to also counter his argument that it is in the best interest of the child.... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can I file the same documents in separate counties?

I found out that all of the documents were filed in the wrong county by the process server company. I was then told that all of the documentation needs to be reserved to the defendant to then be filed in the correct county. Can I just get the original documents e-filed in correct county?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

Yes but you will need to nonsuit the case you filed in wrong county before the respondent (defendant) files something against you in that case, for example, asking for attorney’s fees for having to deal with a case in a county with no jurisdiction.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I'm paying child support as a non-custodial parent, in Texas, can I claim my children on my taxes?

I have a temp. child support order because my divorce isn't finalized. Custodial parent makes almost double income than me, yet I'm paying 25% for 2 children. I live in Idaho and in Idaho a non-custodial has the right to claim the children if he/she is current on child support.

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

The IRS rule is that whoever has the children more than 50% of the time, can claim the children on tax returns. That’s a federal law. And although I don’t practice law in Idaho, respectfully, I highly doubt they would have a law that contradicts IRS rules. Claiming children on tax returns is a... Read more »

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: On child support, my son has been living with me for 4 1/2 yrs. I have job insurance but she still gets support&Medicaid

What do i do

Jonathan Tanaka
Jonathan Tanaka answered on Mar 31, 2021

Thanks for your question! I would reach out to a family law attorney in your area (I didn't see a city listed on your question) so the attorney can review the final order with you and learn more about the facts surrounding your situation.

It sounds like you are wanting to modify the...
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1 Answer | Asked in Child Support for Texas on
Q: My daughter’s mom requested a child support modification and is also requesting 4 years of retroactive child support.

My original child support order was created in 2009 and supposedly expired in 2011 from what I am being told. However, I continued to pay from 2009 to current through our registry only account until recently when my daughter’s mom requested a modification. I have since agreed to the new amount... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Mar 30, 2021

Thanks for your question! It sounds like it'd be helpful to reach out to a local, family law attorney in the area (New Braunfels) so they can learn more about the facts in this current matter and also review the original child support order from 2009.

How did you agree to a new,...
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1 Answer | Asked in Child Support and Family Law for Texas on
Q: Custodial parent, mother, in Texas agreed to end child support . What are the steps to do so now?

Had a conference to adjust child support payments and custodial parent agreed to end payments. Judge said it's a private attorney matter. Does this just involve putting this in writing with an attorney or what are the steps?

Sharita Blacknall
Sharita Blacknall answered on Mar 25, 2021

You will need an order of termination signed by Judge.

Here are some options:

1. Research how to get this done on your own.

2. Contact the attorney general to see if they will help.

3. Hire an attorney to complete the process.

Please note that although the...
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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: My childs father won’t help me financially anymore. I have my child more than he does

My child goes to school in the district i reside in, I have my child more days out of the week than he does. He’s decided not to help me financially anymore. He’s going to try an fight for joint custody and not pay child support. What do I need to do

Jonathan Tanaka
Jonathan Tanaka answered on Mar 22, 2021

Hello, thanks for your question!

I would suggest that you reach out to a Houston-area family law attorney as soon as possible. The attorney can review the final order and learn more about the facts surrounding your situation.

If your husband does follow through and attempt to...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Q: I need help filling out paperwork and how to navigate a sapcr in Texas.

The non custodial parent lives in New York and just visited the kids this year after being away since January 2020. The other parent refuses to co-parent with me and chooses to speak with my toxic family members. Just recently on March 10, he lied to a family member and it resulted in a false CPS... Read more »

Sharita Blacknall
Sharita Blacknall answered on Mar 12, 2021

You should hire an experienced family law attorney.

The issues you outline will require some knowledge and experience with the law and procedure in order to be done correctly.

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I am looking for a Lawyer that is certified in both Idaho and Texas for child support and custody, Where should I start?

I recently got married and my husband has 2 children that live full time in Texas with their mother, he lives in Idaho currently. They originally had a custody agreement that gave him every second Saturday but since moving he has not been able to reach her at all to inquire about the kids or try... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Mar 8, 2021

Hello, thanks for your question and congratulations on the recent marriage! I am licensed in Texas, so I just want to state upfront that I am unsure of Idaho laws.

One important question to ask is where was the custody agreement signed/completed? From your comment, I would guess Idaho?...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: Does a poa from the custodial parent to the non, supersede the court order? She can’t provide but still wants them back.

My ex wife signed over a poa to my current wife with no expiration date. My ex wife is going through an emotional break down and wants the kids back even though she is currently moving from hotel to hotel

Rick  Davis
Rick Davis answered on Mar 8, 2021

To the extent that the Power of Attorney conflicts with a Court Order, the Court Order controls.

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