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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29267
Experience:  29 years as a family law lawyer .
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My stepfather is being harrassed by his exwife with letters

Resolved Question:

My stepfather is being harrassed by his exwife with letters from her and now collection agencies for "Back Childsupport". The "child" is 52. My stepfather and mother are in their late 70's and both on social security. Although not destitute, the latest collection agency letter states a "Hold on All Holdings". This letter was sent "regular mail" not certified. This has my parents so upset. We live in Texas. I understand each state is different. What are The Statute Of Limitations On Back Child Support in Texas? HELP!
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
Thanks for your question. They can continue ot pursue here. There is no statute of limitations for back child support in Texas. They can continue to withhold wages and may suspend license, IRS intercept, etc. They will also try to cloud title here to real property. I am sorry but they won't quit here and the interest keeps accruing as well. Here's legal reference for you.

You may need to obtain a lawyer here to deal with this issue. If they have real proerty they may very well be able to judicially foreclose or otherwise cloud title to force him to pay. A lawyer could resolve the matter..

http://www.supportcollectors.com/csrc/texas.php




Customer: replied 5 years ago.
Does this include property like home that is their only home that is in both of their names. Or, for that matter anything that is in both names for instance car or truck....etc.
Expert:  RayAnswers replied 5 years ago.

They can cloud title to a homestead here in both names. They cannot collect unitl they try to sell the homestead. Then they would have to pay off the judgment here before sle. Vehicles are exempt here. Banks accounts can be garnished so they shoudld be careful. Anything that is in both names can be garnished and froze here.

 

They are then entitled to proceeds. The interest hre is also what gets you. It accrues and builds up here. Some of the remedies I mentioned only the AG can use such as IRS intercept, but if the AG here is collecting they can really chase things here. They are relentless here. They won't quit and no statute of limitations. Sorry I wish I could tell you otherwise..

Customer: replied 5 years ago.
I am not sure what to do now. I accept your answer. But, I had asked a question and it went into neverland. I am unknowledgeable about what "cloud title means". Could you explain. And also, were you suggesting that a lawyer could suggest ways to clear this up with her or how we could clear it up on our own? Thanks.
Expert:  RayAnswers replied 5 years ago.

Sure, the title is "clouded" by recording a judgment against your father here for arrears. The property in Texas cannot be touched as it is exempt. If your father and mother try to sell the house it looses it's homestead status and the line then attaches to the property.

 

Because of this the title company would not allow the sale of a "clouded" title here. so they would have to pay it off to be able to sell the property. If they never sell it then it is exempt until they pass and then the judgment would be collectible because again if it passes to the heirs it would no longer be parent's homestead here.

 

The State Bar of Texas has a lawyer referral service. You get 1/2 hour office conference here for $20. This would be a great place to start here..

 

 

http://www.texasbar.com/Template.cfm?Section=Selecting_a_Lawyer&CONTENTID=3836&TEMPLATE=/ContentManagement/ContentDisplay.cfm.

 

 

Here's more information about judgments and title clouding..

 

http://recenter.tamu.edu/pdf/1060.pdf

 

RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29267
Experience: 29 years as a family law lawyer .
RayAnswers and 6 other Family Law Specialists are ready to help you

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