Lawyers, Answer Questions  & Get Points Log In
Texas Child Support Questions & Answers
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,...
Read more »

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...
Read more »

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...
Read more »

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?...
Read more »

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I'm NCP and my daughter moved in with me on Jan 7th of 2020 but not done through courts.

My daughter (14) moved in with me Jan 7th of 2020 due to her mother not being steady or able to provide basic needs. Her mother packed her stuff and gave her to me (i have video). I filed all requested paperwork that the state asked but now it's in limbo because the CP makes excuses to why... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Mar 3, 2021

Thanks for your question!

Yes, I understand that finances are tight, but it would be in your best interests to reach out to a family law attorney in your area as soon as possible so they attorney can review the prior order with you and learn more about the fact surrounding the case....
Read more »

1 Answer | Asked in Child Support for Texas on
Q: What happens if I show up to child support court making a lot less money than I was originally making?

I have child support court coming up in April. For a modification

Jonathan Tanaka
Jonathan Tanaka answered on Mar 2, 2021

Thanks for your question! I would strongly recommend that you reach out to a family law attorney in your area as soon as possible so the attorney can review the previous final order with you and learn more about the facts surrounding your situation.

The mere fact that you make more or less...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I was recently arrested and my charge is injury to a child .The allegations are from my son. I need help quick.

I have two kids a 13son and 15year old daughter . I have been divorced from my ex-husband for 10 years we have been to court just about every year since we have divorced. We just got out of court October 29,2020. He has been trying to take my kids from me for years and now he called CPS and I... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 26, 2021

If you sitll need help go to my website to look at an estimate of costs and to schedule a consultation. www.blacknallfirm.com.

1 Answer | Asked in Child Support for Texas on
Q: If both parties no longer live in Missouri can child support still be through Missouri or does it need to be changed?

My husband and his ex wife’s divorce/child support order was through Missouri. Neither party lives in that state any longer. She just modified the amount through Missouri while living in Alabama does that need to change to her current state or does it matter?

Jonathan Tanaka
Jonathan Tanaka answered on Feb 24, 2021

Thanks for your question! I am not familiar with Missouri laws, but generally, a court retains jurisdiction until it is either lost or transferred. Thus, it is possible for your husband's ex-wife to modify the amount of child support even though she lives in Alabama. Hope that helps!... Read more »

1 Answer | Asked in Child Support for Texas on
Q: What do I need to do about child support if I have one of my kids
Jonathan Tanaka
Jonathan Tanaka answered on Feb 16, 2021

Thank you for your question and I hope you're staying safe and well during this weather! I would suggest that you contact a local attorney in your area so that the attorney can learn more information about your current situation.

If there has been a final divorce decree and there is a...
Read more »

1 Answer | Asked in Child Support and Divorce for Texas on
Q: I live in Texas & my son is 17 y/o, 18 in November. Will I have to pay child support if he lives with his father?

We share financial responsibility. His father just happened to live across the street from the school.

Jonathan Tanaka
Jonathan Tanaka answered on Feb 16, 2021

Hello, thanks for your question and I hope you're staying safe in this weather! More information would be needed to best answer your question.

I would recommend that you reach out to a local attorney in your area so that the attorney can have a chance to ask you questions, examine the...
Read more »

1 Answer | Asked in Child Support for Texas on
Q: If I sign my rights to my children up does that make me free and clear of all child support and back child support?
Jonathan Tanaka
Jonathan Tanaka answered on Feb 16, 2021

Thank you for your question! I would suggest that you hire a local attorney so that the attorney can best advise you as to how to proceed and what effect terminating your parental rights would be.

Generally speaking, even if a judge did approve the termination of your parental rights, you...
Read more »

1 Answer | Asked in Child Support for Texas on
Q: My childs father told me he wants to give up his rights. I feel he wants out from child support. Can he get away easy?

He has 2 other children he currently pays child support for and has sent me text messages saying if I do take him to child support he will make sure I look like a bad person to the point that I lose my job. I feel like he just doesn't want the financial responsibility.

Jonathan Tanaka
Jonathan Tanaka answered on Feb 10, 2021

Hello, thanks for your question!

I would suggest that you hire a local attorney in your area who will be best able to understand your situation and the facts and able to represent you.

A judge has to make the final say on whether a parent may voluntarily terminate their parental...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I’m currently pregnant with twins and my child’s father is trying to use that a reason to get 50% custody what can I do?
Jonathan Tanaka
Jonathan Tanaka answered on Feb 9, 2021

First off, congratulations on your pregnancy!

I would suggest that you hire a family law attorney so the attorney can represent your interests and better understand your situation. The mere fact that you are pregnant with twins would not generally be a reason for a judge to award 50-50 custody.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son has 2 boys 9 and 10 years old. He and the mother were together for 4 years. He paid everything including ins.

insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 10, 2021

Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do I remove a child support order, if I've had physical custody of my kids for 10 years and their mom is gone?

I am a father of 2 & my ex filed child support then she dropped them off on me & never came back to get them. I've had them since they were 2 yrs old. It's not fair to pay her child support when I raise them. How do I get rid of the child support order? I have had them over a... Read more »

Rick  Davis
Rick Davis answered on Jan 20, 2021

You will need to file a Motion to Modify in the Court that issued the child support Order in the first place to vacate the Order requiring you to pay child support. From what you describe, you may be able to terminated the abandoning mother's parental rights.

https://www.attorneyrickdavis.com/

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Hello,my ex wants me to get a dna to prove paternity and get me for child support

So she has a 10yr old girl who she says is mine,and now after all these years she want to get me to take a dna test.she has been with a guy that was there since she was pregnant until recently last year they broke up.they were together for 9 yrs or so but never married.the guy signed the birth... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 9, 2021

Depends. With the ex-boyfrien on the birth cerificate, there is a presumption he is the father; it is not conclusive evidence, but certainly compelling. Yhe amount of time that has transpired and the circumstances are a little suspect. Nevertheless, if you voluntarily submitted to a paternity test... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can they take my IRS REFUND on the refund is my rebate credit.

Owe around 4500.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 8, 2021

The new stimulus law exempts seizure of your stimulus check. Your federal tax refund can and will be seized for child support arrears owed.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My step daughter’s mother tested positive for covid. If the child is negative does she have to stay with her?

My step daughters mother and her boyfriend tested positive for COVID. My stepdaughter who lives with them majority of the time tested negative in which my husband and I suggested she not stay with her mother if she is negative. But her mom refuses and says she will quarantine with her. She... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

This is a unique problem related to the COVID situation. The Texas Supreme Court has issued a general order that parents are to follow the underlying order regardless of lockdowns and school closures. If a parent wants to deviate from the current order - for any reason including a positive COVID... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.