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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 799
Experience:  7+ years of experience in divorce, custody battles and mediation.
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My son spend nights with me during the week and weekends

Customer Question

My son spend nights with me during the week and weekends with his mother but she filled child support on me. I pay daycare, he is on my medical insurance, I buy his necessities, drop him off at daycare every morning, and I do not know where she is living. What can I do about child support and not knowing where my son is on the weekends?
Submitted: 2 months ago.
Category: Family Law
Expert:  originallawyer replied 2 months ago.

Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!

Expert:  originallawyer replied 2 months ago.

Have you had a meeting with the Office of the Attorney General yet, or where you just served papers?

Customer: replied 2 months ago.
We both had a meeting in October but she signed paperwork saying that she didn't want child support because she lived with me.
Expert:  originallawyer replied 2 months ago.

If she has refiled to ask for support again, your defense would be that you care for the child the majority of the time. The OAG cannot give you legal custody of your child, so if you want to get legal custody of your child on paper, you will need to ask a Judge to give you custody on paper. You would do this by filing a Suit Affecting the Parent Child Relationship (SAPCR), and you can find the forms on www.texaslawhelp.org.

All the OAG does is decide who pays child support. You could counter-file on her asking her to pay child support since it sounds like you actually have primary custody.