When you negotiate your new child custody order, include a specific provision that states that you have provided support for your son for X years (without ex-wife paying child support, if applicable) and, therefore, the parties agree that you will not be obligated to pay child support to your... View More

Statements made in judicial proceedings including divorce actions are absolutely privileged and cannot provide the basis for claims of defamation or slander.

Perjury is a crime which can be reported to law enforcement. It will be up to police and to the district attorney whether the State... View More

The OAG is a good route to go without hiring an attorney IF you and the other party are NOT in agreement over who will have custody of the child(ren), or how often a parent will have some visitation with the child(ren). The OAG will assist with any disagreements over the monthly child support... View More

Child support is a payment from one parent to another. The parent receiving the payment has discretion as to what those funds are used for. If mom tales your son to the barber, she will have to pay for it. If you take your son to the barber, you will have to pay for it. If you want to buy your... View More

You should seek out a family law attorney to discuss getting a divorce in Rexas.

Texas law does not allow for "legal separation" for which a separation agreement would be needed. In Texas, you are married until you are divorced.

Also, Texas is a community property state,... View More

A family law attorney would be the best to help you but Texas does not have legal "separation." You are married or you are divorced. You could create a partition and exchange agreement dividing your marital estate between you as each spouse's separate property but, legally, you... View More

If a child support lien has been improperly attached to a homestead, there's a process for its release. An obligor can file an affidavit under Section 157.3171 of the Family Code to release the lien against the homestead. This affidavit process is designed to be straightforward, allowing the... View More

Your custody order should specify what days the non-custodial parent is entitled to visitation. While it is considered good parenting to mutually agree on alternate dates if there is something that interferes with a noncustodial parent’s specified days, in the absence of such an agreement, the... View More

The Texas OAG is required by law to report child support to the credit bureaus. If they made a mistake, you can file a dispute with the credit bureau to have the mistake corrected, just like with any other creditor. I note that child support is almost always due on the first day of each month.... View More

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... View More

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

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

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

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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

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

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

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

For clarity, under the typical possession order, if CP timely designated July 19-21 as his/her summer possession, NCP would have weekend possession July 5-7 (the first weekend of July), and then would have possession of the child next August 2-4 (the first weekend of August).

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... View More

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