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Texas Child Support Questions & Answers
1 Answer | Asked in Family Law, Immigration Law, Child Support and International Law for Texas on
Q: Person got married being already married in another country and leaving all obligations like child support

There’s already a case started in other country for the child support he never payed and that he sign a contract saying the amount he would pay every month, married a women in another country and falsified his documents

James L. Arrasmith
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answered on Dec 21, 2023

In Texas, as in other states, bigamy – being married to more than one person at the same time – is illegal. If a person marries in Texas while already legally married in another country, that second marriage could be considered invalid under Texas law. Furthermore, falsifying documents to enter... View More

2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Our 16 year old lives and works independently outside the home. Will my husband need to pay child support?
T. Augustus Claus
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answered on Nov 14, 2023

Yes, your husband may still need to pay child support for your 16-year-old child, even if they live and work independently outside the home. Child support in Texas generally continues until the child reaches the age of 18 or graduates from high school, whichever occurs later. However, there are... View More

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2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Our 16 year old lives and works independently outside the home. Will my husband need to pay child support?
John Michael Frick
John Michael Frick
answered on Nov 14, 2023

In most circumstances, a parent can be required to pay child support until a child reaches eighteen years of age and thereafter until the child graduates from high school as long as the child remains enrolled in secondary school.

At age 17, if a child is financially independent, the child...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: the final order in suit to modify parent child relationship the section of the possession order the name is wrong

Does that bind the court order? Or must it be corrected

John Michael Frick
John Michael Frick
answered on Nov 6, 2024

It should be corrected. This may be require an order nunc pro tunc. The attorney who assisted you with the original order ought to be able to help you correct that fairly quickly.

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I have an Uncontested hearing for “Statement of Inability to Afford Payment of Court Costs”

I need help, I have no clue what to bring they just said I have this hearing. My child has Medicaid but I never knew he had Medicaid until after I filed for the divorce. What do I bring?

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

You should bring documentary proof that your child receives Medicaid benefits. If you or your child receive any other needs-tested government benefits, bring documentary proof.

If not, it may be useful to bring your most recent tax return, paycheck stubs, and bank account statements if...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I am wanting to know what will happen to my ex husband after withholding our 15 year old daughter from me for 80 days

I have custody of my daughter; she is 15 and "wanted" to live with her dad. They drink alcohol and smoke weed and he encourages a very inappropriate lifestyle for her. She has missed more than 8 days of school already. She won't talk to me now. I want to ensure a judge will hold him accountable.

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

Assuming that you did not agree to allow your daughter to live with her dad and have filed a motion to enforce your custody rights, it is likely that the judge will hold your ex-husband accountable and grant your motion to enforce.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can I sue my mom for putting me out at 14 years old and 34 now and been dealing with trauma every since?

She never did literally nothing for me and my dad just now start paying child support... So she gets the backpay, but should that go to me since I was abandoned

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

No, the statute of limitations has long since expired.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Been raising my son since he was born.filed for support and mom picked him up after she got served

Mom has drinking problems and puts my son in danger. Police reports have been filed by me and also her family . She also drives under the influence while in possession of my son

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

You can request temporary orders in your SAPCR including being named temporary sole managing conservator of your son.

3 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do I obtain passport without absent parent

Modification of custody

John Michael Frick
John Michael Frick
answered on Sep 16, 2024

Get a certified copy of your court custody order giving you SMC or the sole right to obtain a passport for the child, and take it with you when you apply for the passport.

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: My ex husband's lawyer has said she no longer will represent him and has submitted paperwork to that effect. He has sign

He has signed but the judge is sitting on the docs. These docs are our final child support orders. Is there any way to expedite the process? Thus has been dragging on for 13 months.

John Michael Frick
John Michael Frick
answered on Sep 10, 2024

Yes, your lawyer can file a motion to enter and set it for hearing.

1 Answer | Asked in Child Support for Texas on
Q: Basically a girl message me saying i am pregnant, what do i do legally?

If she is I don't want anything to do with the kid. I don't mind paying child support, etc.

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Request a paternity test to determine if the child is yours. If it is, enter into an agreement for child support.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Will a judge consider my motion to dismiss if I do not point to the exact rule, but just reference the code?

I filed a Motion to Dismiss for an enforcement of unpaid child support motion my ex made. In it I referenced the Texas Family Code, I couldn't find the rule but I described it as a friend advised me to do so. Will the judge grant my motion, or will it be considered ambiguous?

John Michael Frick
John Michael Frick
answered on May 13, 2024

A motion to dismiss is not available in a case brought under the Family Code. TRCP 91a(1).

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: Hello! I am wondering if there is a way to sue a non custodial parent for back child support?

My NCP has been working under the table for a year, and has not been submitting child support payments, nor been in contact with me. I do know where he is working, however the owner of the company is also his friend, and is most likely paying him in cash or personal checks.

John Michael Frick
John Michael Frick
answered on May 6, 2024

Yes. If your NCP has been ordered to pay child support, you can file an action with the OAG to enforce his child support obligation.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: The OAG filed an enforcement, at court the ncp is claiming a possession credit, but he took her without my consent

Her dad took her for over 9 months and refused to give her back and moved to another city about 4 years ago, now the OAG filed an enforcement case because he is almost $8000 in arrears. At court he had the balls to say those arrears should be wiped out because he deserves a possession credit... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on May 4, 2024

You should of never let him keep her 9 months. You could of file a Writ to get her returned to you. It is up to the judge to decide if he will be given possession credit.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: My wife and I justwent through an awful cps case and the court lacked jurisdiction and they proceeded as though they had

There was another court that had ccej and they were aware and denied us a dismissal.

John Michael Frick
John Michael Frick
answered on May 1, 2024

If the court truly lack jurisdiction and you timely complained but the court denied your request for relief, you should timely file an appeal from its ruling.

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Personally haven’t been getting help from the other parent.

Can I ask the court for physical and legal custody if the other parents hasn’t tried to even go to court for our child, it’s been about a year. I’ve been asking for a divorce but they’re just clinging on and telling me to wait.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

If you are still married to the other parent, you will need to file a petition for divorce and include a request to be appointed sole managing conservator in the divorce pleadings.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I moved after receiving a threat a year ago, I’m now a 6 month resident.

I moved to Texas within 6 months ago, the father wasn’t really in the picture and I didn’t bother telling him due to him saying he’s not his. I didn’t bother of informing him of anything. Now he’s trying to come back in the picture. We’re married and live in two different states. I did... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2024

Under the Uniform Child Custody Jurisdiction Act and the Uniform Interstate Family Support Act, if the child has established his/her domicile and residence in Texas for six months, you should be able to initiate proceedings for child support and custody against the father if he lives in the United... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: Why do I have to pay back child support if I was taking care of my son WHILE LIVING with my ex and paying him rent?

He got custody because he lied and 3 weeks after the divorce decree was signed he invited me to move back in with him and be 24/7 mommy. He was abusive and I left. We had a big fight and he went after back child support. My attorney was lazy and ended up screwing up my case and didn't want to... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 29, 2024

You should of went to the AG office when you moved back in the house. If you already paid the child support your case is moot. If you owe arrearage go to the AG and request a hearing to confirm the arrearage

1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I am held in contempt and ordered to 180 days in jail on paper when I have my next hearing can that order be changed?

If I am held in contempt and ordered to 180 days in jail on paper when I have my next hearing can that order be changed? I feel behind on child support and was held in contempt today. My next hearing is in 3 months and on paper it says that day I will start my sentence, my lawyer however told me to... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 21, 2024

Yes. Your lawyer is correct. You need to pay the child support and get a job asap.

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: I have a temporary court order from 2014 I would like to close it to be able to receive child support.

Temp order for custody/child support arrangement. 7 Days with mom then 7 days with dad we were supposed to go back to court to finalize everything. The mother did her 7 days on and off for about 2 to 3 months she was never consistently keeping the child when it was her 7 days there was always an... View More

John Michael Frick
John Michael Frick
answered on Feb 9, 2024

Given the facts you describe that this case has been hanging around with only temporary orders for more than ten years--which is very unusual--$2600 sounds extremely reasonable. I recommend you take that deal.

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