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Texas Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I’m the non custodial parent. Can I record my kids at pickup& drop off if I let her know I’m recording?

I would like to know if I can record my kids when I pick them up and drop them off at their moms if I’m letting her know she’s being record and my kids too? Can I still record even when I inform her and says she doesn’t give consent

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 18, 2023

If you are a party to the recording you don't need consent.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Do I need a lawyer if I got served a modification for custody

My child father been in and out of jail his whole life he is 12 now he got out July 2022 he now sent me a modification for him to get custody of my son say my son is not being raised right what should I do and how do I respond

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 5, 2023

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...
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1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can a lawyer file a nunc pro tunc to change the date on a divorce decree if it effects the total money received?
John Michael Frick
John Michael Frick
answered on Apr 4, 2023

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...
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2 Answers | Asked in Family Law and Child Support for Texas on
Q: If my childs father owes over $10k in child support and finally decides to file taxes and claims 2 children one is mine

One isn't will the irs refund all go to me or will he get some back due to him claiming another child that isnt mine. Best part is he wants me to give him back money even though he would get the credit as if he paid it .

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Mar 24, 2023

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...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need help on how to get my kids back when I go to court it gets pushed back and not it’s closed
John Michael Frick
John Michael Frick
answered on Mar 24, 2023

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...
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1 Answer | Asked in Appeals / Appellate Law, Family Law, Child Custody and Child Support for Texas on
Q: What motion do I file next? Can I stop the appeal to avoid trial?

I have a signed final divorce with kids 9/22 in Texas.My ex was in default but filed a form contesting the ruling. I am the pro se petitioner but I found out today and I was never served. Court was in December and 3/7. I have a dismissal of hearing for 3/27 and Motion 5/9

John Michael Frick
John Michael Frick
answered on Mar 22, 2023

You should have an experienced attorney carefully review your court file.

If a final decree was signed 9/22 and no order has been entered setting it aside or granting a new trial, the trial court likely has lost plenary power to do so.

If you weren’t served with your ex’s...
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1 Answer | Asked in Child Support for Texas on
Q: What do I do when 90% of my check is paying child support?

I just received my pay check with a gross rate for two weeks was 1,094.38. My take home income was $112.19

John Michael Frick
John Michael Frick
answered on Mar 21, 2023

If the gross pay accurately reflects your usual gross pay for this employer, you should consider filing a motion to modify your child support amount to better reflect your recent pay history.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: what can i do if my kids no longer wants to live with their mother.

my daughters no longer want to live their mom but they aren't 12 yet. I have had cps called on their mom a couple of times already and the first time they made her move from her apartment because it was filthy and had roaches everywhere. the second time they gave her time to clean the new place.

Sharita Blacknall
Sharita Blacknall
answered on Feb 27, 2023

Hire a lawyer to file a motion to modify you current order. If you do not have an order you can hire a lawyer to get an order for the kids to live with you.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Would it be possible for a full time worker who is about to turn 17, to move in with their dad?

My mother is my main guardian, and she put my dad onto child support. I am currently not attending school , and a soon to be full time worker? Would it be possible in Texas ?

John Michael Frick
John Michael Frick
answered on Feb 15, 2023

As long as both parents agree, yes it should be possible. I strongly recommend getting the agreement in writing in case either parent attempts to back out and enforce the terms of their current court order.

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I already filed for divorce with children with a lawyer at the time. Why is judge taking time to finalize divorce

I can't afford lawyer now but everything was already agreed by both parties just waiting on judge to sign. Do I need to hire lawyer again to get a judge to sign??

John Michael Frick
John Michael Frick
answered on Feb 6, 2023

You may need to schedule a prove up hearing to present the necessary evidence for the judge to sign your proposed final decree of divorce.

You should contact court staff to see when your judge holds her prove ups and whether you need an appointment or can just appear with your necessary paperwork

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: If my kids live with their mother and I give them a phone can she take it from them
Penny Wymyczak-White
Penny Wymyczak-White
answered on Feb 3, 2023

Yes, she can take the phone but the kids should be allowed to talk to you ,

1 Answer | Asked in Child Support for Texas on
Q: This is related to child support.

I have two children 21 and 19. I owe back child support in the amount 25,000. I am making monthly payments of $315.00. I need my passport as I may need to relocate with my spouse to Mexico. Please advise. Thank you for your help.

John Michael Frick
John Michael Frick
answered on Jan 31, 2023

You will need to pay off your back child support in order to get a passport.

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Can the judge force me to file for child support if I am in Drug court

The court ordered me to file for child support even after I told them he would hurt me if I did.

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

It is common, as a condition of probation, that you would be ordered to support your children. As long as you are able to do so without government assistance or child support from the other parent, it is arguable that ordering you to file for child support exceeds the power of the court.... View More

1 Answer | Asked in Adoption, Child Support and Divorce for Texas on
Q: Is it wise to set up child support payments to a bank account instead of through the Attorney Generals Office?
Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 23, 2023

It is not wise. The other party could claim it was a gift and you may have to pay double. Use the AG and you will not have any issues

1 Answer | Asked in Child Support and Estate Planning for Texas on
Q: Unpaid child support and alimony and assets hiding in the form of Revocable living trust

I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 11, 2023

I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

- ANSWER: Enforce this judgment.

So he setup a company with his wife as registered agent and owner of the company. His wife is...
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2 Answers | Asked in Estate Planning, Family Law, Child Custody and Child Support for Texas on
Q: My son's father filed writ of attachment and TRO against me claimig false abuse and neglect. I need help. Idk what to do

He has filed false claims in another state as well and I showed proof of his lies and the state not having jurisdiction. The judge's statement ruling states he frauded himself in that court. That was in Sep. He has brought basically the same accusations it an unknowing judge in Texas and now... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jan 9, 2023

You need to call legal aide and see if you qualify for a free lawyer

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1 Answer | Asked in Child Support and Family Law for Texas on
Q: Am I owed child support and equity in our home even if we were never legally married in the state of Texas

My boyfriend proposed and i moved in with him to a home that was given to him by his parents. There is about 100 thousand equity in the house. We have been together 9 years and have 2 children ages 6 and 3 We have both worked and shared expenses 50/50. I have an engagement ring but we never... View More

John Michael Frick
John Michael Frick
answered on Jan 7, 2023

Since you indicate you were never married, you were his roommate and not his wife.

Now, as the mother of his children, you may be entitled to child support. Or, conversely, you may be ordered to pay child support to him.

You should hire a family law attorney near you to file an...
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1 Answer | Asked in Child Support and Estate Planning for Texas on
Q: If obligor owes large amounts of unpaid child support payments and creates a revocable living trust ..what to do?
John Michael Frick
John Michael Frick
answered on Dec 30, 2022

Trust funds are generally not safe from child support or alimony. This is true even if they are spendthrift trusts. You might review the article “Are Trust Funds Safe From Claims For Alimony or Child Support?” Trusts & Estates (April 2013).

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If parent fails to provide health insurance after being ordered by the court, who’s responsible is it to pay bills?

Mom was ordered to apply for Texas Medicaid by court, Dad is paying for premium to the state of Texas. Mom refuses apply and is asking dad for 50% of medical expenses. Per court documents “a parent ordered to provide for Health insurance … who fails to do so is liable for necessary medical... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 29, 2022

Mom should be 100 percent liable under most orders

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