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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 350
Experience:  5+ years of experience in divorce, custody battles and mediation.
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My daughter living in Texas, she is 18 years old since last

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My daughter living in Texas, she is 18 years old since last may , she just finished high school last jun7 (graduation included) her mother has set up a lawsuit (May 28 ) asking for child care support, asking for retroactive and coverage of particular school. ( I received this document Jun 19).
I have paid school in full for ever, medical insurance and others but never trough court. I have documents to prove the most of the expenses. I am living in different state than TX in USA. Questions:
1. How in this world the mother can setup a law suit for child support if my daughter is not a child anymore? she is an adult
2. Mother is asking for retroactive, do I have to check the rate table according with my situation/number of dependents and, do I have to pay the difference? for how long time in the past?
3. It really worth to pay an expensive "Best attorney" to try to avoid the charges? In other words, do I have chances to win this case (win means not pay anything?)
4. what are my options, ?
I really hate to see how the mother accepted the support for years and now suddenly trying to take any chances to get more money from me. I was planning to support my daughter anyway for college ( according to my possibilities ) but I hate to be treated as irresponsible, she is asking to cover her attorney and interest of 6% for retroactive
Any suggestions will be appreciated, thank you ( time sensitive)
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

I am sorry to hear about your difficult situation.

Was child support ever ordered for your daughter by the court?

Did the mother filed her lawsuit / petition for retro child support after child turned 18?
Customer: replied 1 year ago.

Was child support ever ordered for your daughter by the court?


NO

Did the mother filed her lawsuit / petition for retro child support after child turned 18?


yes, Child turned 18 on May 16 and mother filed lawsuit May 28. my daughter finished high school Jun7 including graduation

Customer: replied 1 year ago.
Relist: Incomplete answer.
I do not see the expert has expertise in Texas law
Expert:  originallawyer replied 1 year ago.
Good evening:

I am a practicing attorney in Texas. Under Texas law, her lawsuit was timely because Texas law provides for child support after the child turns 18, if that child is still in school. Essentially, she waited until the very last possible moment to file this suit and it still be timely.

HOWEVER: If you have proof that you have been supporting your daughter, this can be used to offset whatever amount she's requesting. It is vital that you respond to the suit and request that you be notified of any and all hearings, or else they can and will default you and you will be saddled with back child support without your consent.

The language requesting attorney's fees is standard to Texas pleadings. Rarely does a Judge grant it. In this situation, where she waited until the last possible moment, I think a Judge will likely see this as an attempt to grab money, as opposed to an action brought out of real need.

A Judge cannot order you to pay for a specific college. Texas does not require parents to pay for their children's college education UNLESS your divorce decree provides for that.

It is worth it to hire an attorney. You don't necessarily have to hire an expensive attorney, just one who knows what they're doing in the area of child support litigation.

Texas allows for retroactive support back to when you separated from the mother, so if you hypothetically separated from the mother 10 years ago, you could, if you had no proof of support, be ordered to pay 10 years worth of support. Support would be ordered based on what you make now, and how many other children you support.

Hopefully by this point you see why it will be necessary to hire an attorney, especially if you are out of state and are unfamiliar with Texas child support laws. To put it bluntly, Texas still very much favors the custodial parent when it comes to child support issues, so it is important to act on this quickly.

www.texaslawhelp.org has some information on Texas laws in this area, and I'd suggest reading over it before you speak with an attorney.
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 350
Experience: 5+ years of experience in divorce, custody battles and mediation.
originallawyer and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


A little bit more information maybe you can have a better understanding, No much of your time,


1. Her mother and I never been married


2. My daughter is from Mexico, she is H4 holder visa as my dependent, I do have H1B visa


3. Her mother is from Mexico and she is tourist visa holder


questions


1. the 10 years still applicable under the situation just expressed


2. The fact that they are not USA citizens may help me on this?


 


Thank you for your answers, they are very helpfull

Expert:  originallawyer replied 1 year ago.
Unfortunately, citizenship is not a prerequisite for requesting child support. In order to engage the support services of Texas, both this woman and your daughter needed to have been residents for at least 6 months. Once that was satisfied, she could file suit at any time.

Marriage is also not a requisite. Separation simply means when you stopped living with the mother. If you never lived with her, then support can be ordered back to when you were aware of your daughter's existence.

It could be that the child's mother was applying for state assistance in another area, such as insurance, food stamps, etc. If she is claiming that you are not assisting her, then the State requires that she tell them who you are and that she attempt to get support from you before the State will provide any support.

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