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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.
(Although it would be difficult to prove that a child lives in Texas when the child was not actually in the U.S.)
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?
what a relieve!! Thnx for your answer.
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.
As I said before, she is already 18 years old
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.
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?
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?
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