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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1633
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I am from mexico, I live in USA with H1B working visa. my daughther

Customer Question

I am from mexico, I live in USA with H1B working visa. my daughther was living in mexico until 16 years old, then she moved to texas. mi daugther's mother, (we have never been married) is suing me for retroactive child support in texas where she has been living with my daugther for 2 years.... in case the retroactive child support is awarded, can they applay it only for the 2 years she has been living in usa?....
i understad that if she want to apply it before that time (before 16 years old she was living in mexico) they will have to do it in mexico with the mexican laws right?

note: my daughther is already 18 years old.
I have been supporting her ALL HER LIFE, with private school, and every need she has had, and 2 weeks after she turns 18 her mother sues me.


thnx!
Submitted: 1 year ago.
Category: Family Law
Expert:  Steven K. replied 1 year ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

Although the statute does not specify it, Texas would not have jurisdiction to enter support for a period of time before your daughter resided in Texas. Also, if you can prove that you have been paying support, the Court can decide not to make you pay any retroactive support. In any case, there is a presumption that retroactive support not go farther back than four years. So even if your ex insists that your daughter was living in Texas her whole life, support would probably not go back more than four years.

Steven Kincaid :

(Although it would be difficult to prove that a child lives in Texas when the child was not actually in the U.S.)

Steven Kincaid :

The reason that Texas cannot make child support orders before your child moved to Texas is because in order for a court to make a child support order, they must have "jurisdiction" over that child. Texas did not acquire jurisdiction over your child until your child moved to Texas. Do you have any other questions?

Customer:

what a relieve!! Thnx for your answer.

Customer:

Talking about the previous issue.... We are in the process of getting the green card, My daughter has H4 Visa as my dependent, Since my daughter has dependant visa, I wonder if I can avoid including my daughter in the next renewal that will take place this Sep 2013. As a matter on fact, I also wants to pull her out from the Green card process if possible for obvious reasons..... My immigration lawyer already told me that I can do that. .. but I want to know if you think those actions could be used against me in the court?.. I eman.. could the judge think that I am a "bad parent" if I take my daughter out from the green card application and I do not renew her visa? I just want her to learn that every aciont has a reaction.

Customer:

As I said before, she is already 18 years old

Steven Kincaid :

Although withdawing her immigration application would not be a legal factor in calculating support, doing so could persuade a judge that you have not fully supported your daughter in the past. It could also anger a judge and prejudice him against you. I think doing that could be very risky for you.

Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1633
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Steven K. and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


could you explain me what do you mean with " It could also anger a judge and prejudice him against you", what kind of actions the judge could take against me?


thnx

Customer: replied 1 year ago.


I am pretty sure I have paid more that what a court would have orderer for those 2 years that she has been living in texas, so the worse scenario will be that the judge awards the retroactive child support for those 2 years, any way I will end not paying anything because I already paid everything and more... so... what exactly the judge could do against me?


 

Expert:  Steven K. replied 1 year ago.
Well, you may be right that the judge can't do anything. But i've seen judges get very creative with the law and the facts when they want to. What if the judge decides that you would have owed support PLUS tuition?Would you owe money then? What if the judge decides your daughter spent a summer in Texas four years ago (even if it's completely untrue) and decides that lets him go back four years, or even more? (Four years is only a presumption.) Or the judge could come up with something completely different that I haven't even thought of. What if the judge decides to go back four or more years simply because he figures you probably won't appeal the decision? Maybe none of this will happen, but I've learned never to assume that I know what a judge can/will do. And as a side, it would probably forever hurt your daughter and ruin your relationship with her.

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