To get the State Disbursement Unit (SDU) to update its records, you can send proof of payments made to the SDU which are not properly recorded on your account. Yo update records for payments made directly to the obligee before your account was set up, you can get the obligee to sign an affidavit... View More

Under a typical court order pursuant to which child support ends if the child has turned 18 and has graduated from high school, yes you can stop paying.

If your wages are being garnished for child support, it does not hurt to submit a proposed order to terminate wage withholding.... View More

A fixed indemnity health insurance plan should be acceptable as long as there is minimum essential coverage in place through another policy.

Most current court orders which use various forms as guidelines do not specifically address fixed indemnity health insurance plans and do not... View More

You can hire an attorney to file a motion to enforce with the court that issued the order. You might also consider getting insurance and asking the court to modify the support obligations to have the father reimburse you for the cost of the health insurance, which can be withheld like child... View More

You can request that the clerk of the court prepare a subpoena duces tecum to your wife to produce her bank statements.

But, if you do not know how to do this, you really ought to hire an attorney in or near the county where your case is pending to assist you. While you have the legal... View More

Ordinarily a parent whose period of possession of a child is beginning has the obligation to show up on time at the place specified in the order setting forth the parent’s possession schedule, typically either the child’s school or the other parent’s home.

If you do not have a car,... View More

If an individual owes past due child support and makes a claim on a policy of insurance, the insurance proceeds may be seized in order to satisfy the delinquent child support obligation of the claimant. The OAG "intercepts" the payment for the "casualty claim" to satisfy the unpaid child support.

If you owe child support pursuant to a court order, absent either an agreement or a court order to the contrary, wage garnishment of your support obligation is ordinarily required. It is not any sort of Due Process violation.

If a state agency provided any sort of benefits for your child... View More

Typically, the non-custodial parent is responsible to provide health insurance coverage for the child. So, in the typical case, no. If your divorce decree or custody order contains non-standard provisions, whether you are entitled to any credits or clawback will depend on the language of the... View More

Your best recourse at this point is to file a Motion for New Trial. You have 30 calendar days from the date of the court hearing to file your motion. Once you file your Motion for New Trial, you should contact the Court Coordinator to request a new court date. You will have to provide your... View More

If you don't currently have a Texas court order regarding child support, you can continue to do what you are doing (i.e. paying through your bank account) for however long you guys want to do it. The State of Texas doesn't have any say in the matter.

However, if there is a Texas... View More

You have the right to contact the AG's Child Support Division to establish and enforce child support orders. By doing so, you can initiate the process of obtaining child support from the child's father.

It is important to note that each case is unique, and outcomes can vary based... View More

Contact the Texas Attorney General's Office: Reach out to the Texas Attorney General's Office or the local child support office handling your case to discuss your situation. You can explain that you want to convert your registry-only case into a full-service case and ask for guidance on... View More

In Texas, one of the grounds for which a parent's parental rights can be terminated is if that parent has been convicted or placed on community supervision (probation) for being responsible for the death or serious injury to a child under certain sections of the Texas Penal Code or a similar... View More

Under Texas law, as long as you have legal and physical custody of your minor child and there is no court order to the contrary, you may give a power of attorney (POA) to a grandparent to act on your behalf regarding your child. However, if there is a court order that grants the non-custodial... View More

Yes, you can file what is called an Original Petition in Suit Affecting Parent-Child Relationship. In Texas, this motion will establish which parent will be the primary parent (i.e., who your child will primarily reside with), and what type of visitation the non-primary parent will have with the... View More

It would be very advantageous for you to obtain an attorney to represent you in a custody dispute. There are responsive documents that need to be filed with the Court on your behalf and deadlines that have to be met, or your case could be negatively impacted.

At the very least, you should... View More

A judgment nunc pro tunc is commonly used to correct an erroneous date in a judgment like a divorce decree. The question is whether the error is a clerical error or a judicial error. A judgment nunc pro tunc can be properly used to correct a clerical error, but not a judicial error.

The... View More

Any federal income tax return that Father is to receive will be offset against any child support arrears that are owed by Father.

In your situation, it doesn't matter that Father is claiming a child that is not yours on his taxes. If he is to receive a refund, the entire refund will... View More

To get your kids back, you should hire a board-certified family lawyer in or near the county where the court is located.

If CPS is in any way involved in your case, you need to find out how much experience the lawyer has had with CPS cases in the recent past, as many family lawyers do not... View More