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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 106815
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I live in texas and have a court date this week with the family

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I live in texas and have a court date this week with the family court over the issue back child support (1boy-14 & 1 girl 10). Both my ex-wife and I were served with subpeonas per my request because she did not show up for the previous scheduled meeting that she requested, after we agreed to do so, to have to forgive me of all rearages (they have that on record.) because we agreed I would pay for things like camp, school clothes, kept them during the entire summer to save day care costs, paid for thier extra curricular activities, etc.... So she finally agreed we were even over two years back but (somehow?) never had the time to go the state and stop all the rearages being pulled from pay checks. So during these two years she got full child support plus more rearages. After a falling we had out she has decided to deny it all.However,1 year ago my daughter demanded to come live with me and has. Yet I have still had to pay full support plus rearages. What should I expect and any advice?
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 years ago.
You need to make sure you have the court record available to be read back where she agreed on the record to forgive the arrearages. You should also be prepared to argue and prove the fact that your daughter has been living with you and for how long if there was no court order transferring the custody. If there was a court order transferring her custody to you, then the court should have modified the support order as well.

I would urge you to seek to have an attorney to represent you, since she does not appear to want to honor her agreements made in the court and get the attorney to move the court for the reduction in support, the forgiveness of arrearages and the order changing the custody to you for your daughter.

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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 106815
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 4 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.



Thank you for your time but I may need to make myself clearer. It seems that you understand what I'm saying but I feel I need to verify your assumptions to make sure I'm correct in dealings this week. I won't take more of your time and will pay you.


1st. The record where she request a hearing with the Attorney General office to forgive rearages (am I saying that correct?) was over the phone but was made to the Child Support office and they told me that they do have that on record. Does that qualify as a court record? At worse I would assume it damages her attempt to fight back pay because I am guessing that she'll say she never said such a thing and hopefully she'll say that before I request for the Attorney General Office (Child Support Division) to produce the record that has noted where she made the request to forgive originally. They have told me that those notes will be available at the hearing.


2nd. I have had possesion of my daughter since the week she got out of school prior to this school year (June 2008.) So it was the entire summer and she also moved most of her personal items into our new house we're renting now ( a nice 4 bedroom house so she had her own room) in July 2008 where she has her own room and started her brand new school where she's missed school one time compared to 9 times with her mom the previous year.


3rd. I wish i could afford to hire an attorney but the stock market has made it to where I live client to client building websites. But I've managed to buy my daughter and son who lives with his Mom their Christmas when she couldn't and their school clothes all my own because she wasn't able to afford anything even though she was getting child support for both kids plus some rearages when I was drawing unemployment most of the months. So even when I had my daughter and was on max unemployment she was getting full child support for both kids and rearages. The original court order was I pay $500 a month for both kids so she was getting around $700 a month for many months while I've had my daughter. If I have my daughter and she has my son shouldn't that $700 at worse case pay against the rearages she still says I owe? But if the court finds that I didn't owe back support the day she was supposed to be at the meeting she scheduled and never showed up to, could she actually owe me?


If you know an attorney who needs a website built on trade for just a few hours of couurt time this Thursday lat me know. Otherwise, I've got the info you're arming me with that's a great deal. I was a National debate champion in '91 and on a full ride debate scholarship so I can at worse case be pretty persuasive compared to the guy with no background in presenting arguements and facts....


Your advice is greatly appreciated and I will pay you upon these clarifications.




Expert:  Law Educator, Esq. replied 7 years ago.
1) The child support division's record would be good evidence in your behalf as proof of her agreement to forgive any arrearages.

2) The fact that the daughter is living with you and has been doing much better is good evidence for 1) to get permanent custody of the daughter awarded to you and 2) to have your support reduced for at least the time she has been living with you.

3) Chances are she will not owe you, but the good thing is that you should at least be entitled to a reduction of the support for the time the daughter has been with you. However, the court will generally not make her actually pay you, it will just in all likelihood cancel the support award since you each ave a child and would each be entitled to support.

Also, it is not the background in debate it is the following of all court rules you will be held to and it is being able to separate fact from emotion when arguing your case that always makes having an attorney better.

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