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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14451
Experience:  15 years exp all aspects of general law
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In a Louisiana Court, in May 2000 I was divorced from an Irish

Customer Question

In a Louisiana Court, in May 2000 I was divorced from an Irish citizen who deserted my home, took my children with her ( she got away with my brought up charge of kidnapping in LA and the UK Courts..!!) to live again in England. The child support in LA was fixed at $ 1.366 a month, at the time my daughter was "13", my son "4"... After my daughter graduated and reached the age of 18, I only then paid 1/2 ($683),..at my expense I always paid on time wired the first amount, and then the $683 amount without fail. Since my daughter was 18, I have paid her directly for her MA in Political Science, her Central London rent&living expenses etc..I can substantiate my support to her for $ 83k..Out of nowhere last week I got notice from the Texas child support OAG,where I now live, that I should have continued paying $1.366 to my ex, and should until further notice. My proof given $83K to my daughter Ariane is "not" into consideration. My wages will start being garnished on the 15th.. The problem is, my LA Lawyer did not include, left out any indication/time frame...whether my obligation for child support paid to her mother was to terminate at graduation/upon reaching 18..They mentionned, with %, $ 76K overdue ! Gasp, oouch ! What do you think? Thank you in advance..Roger Poulain
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Did the order say that when the oldest turned 18 that the child support was then to be cut in half?

Customer:

I gave you the answer already...that is the problem...NO

JD 1992 :

I'm going to opt out and let someone else try and assist you.

Customer:

Obviously, in my opinion, a failure of my then attorney. There was a rush to do that consent judgment, my ex. having to take a flight that afternoon back to UK

Customer:

OK, Thx,...I know it;s complicated :)

Customer:

I guess there isn't someone else around. Perhaps I should forget about my inquiry and go back to bed. Don't charge my $5 OK ?

Expert:  Legalease replied 1 year ago.

Hello there

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I apologize that it took so long for someone else to pick up this question, but this is the first time I have seen it and so I would like to offer my answer for you. Unfortunately, because your original order did not state that the child support was to end at the age of 18, the mother of these children is entitled to apply for child support for them until they reach the age of majority in whatever jurisdiction that they are then living in and/or is entitled to be paid the full support while either one of them pursues higher education. In the UK and Ireland, the age of majority for child support purposes is 21 years of age (so long as the child is considered to be living at home with the custodial parent) and it can go as high as 23 years of age if the child is pursuing higher education. While it is permitted to send support directly to the child in the same manner in which you did, your problem here is that you did not receive either an agreement with the mother or a court order permitting you to do this and because you went ahead and did it anyway on your own, the courts in the UK and the US can turn around and not give you any credit at all for the money that you have sent directly to your daughter all of these years. As far as the courts are concerned, the money that you sent was a GIFT to your daughter and does not meet the child support obligation that you otherwise had with the mother of the children.

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The only way that you will be able to challenge this is to hire an attorney in Texas and file a motion in your local Texas family court for a modification of child support payments and application to receive credit for monies paid directly to your daughter. Because it is Texas now pursuing you for these matters, they must be heard in the Texas family court. So long as you can prove that these payments were made, the court may reduce the amount you allegedly owe to the mother by some or all of these payments made directly to your daughter (it is completely up to the judge whether or not to make such an order and given the large amount here that you can prove you sent, you may gain some sympathy in these matters from the Texas judge). To find a local family law attorney who specializes in international child support matters, you should contact your local county bar association or the bar association of the nearest large city to you and ask for referrals -- they will give you several names of attorneys that you can speak with and you can go from there. I hate to be the bearer of bad news, but the ONLY way you will be able to challenge any of this is through the courts - otherwise they will judge the case at the child support department themselves and garnish your wages, bank accounts and anything else they can get their hands on until you pay all of the amount they are claiming that is due to her at this time.

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Finally, your daughter is going to be the one who is hurt by this because any money that you were giving to her will now have to go to her mother. You should let your daughter know this -- that the entire situation is the fault of her mother and her mother is the person who is leaving her short for her education. It just stinks that Mom would do this to her but I am married to an Irishman myself (Galway Ireland) and have seen what some Irish women will do for money -- they do not care who they hurt.

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Best of luck and again, I am sorry for the delay on this response.

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I hope that helps. Please let me know if you have any further questions. If not, can you please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below! Pressing a positive rating below will NOT cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for my time in assisting you today. THANK YOU VERY MUCH !!!

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MARY

 

 

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14451
Experience: 15 years exp all aspects of general law
Legalease and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I was upset last night because the guy I sent my infos abandonned me! I connected with my mastercard to nullify any pmyt!...I enjoyed your answer..you deserve my pmyt...Can you tell me how..

Customer: replied 1 year ago.

I want to pay you for your service....Are you going to be ?

Expert:  Legalease replied 1 year ago.

Hello again Roger

-

Thank you very much for the compliment and the payment. When you press a positive rating below the answer box, Just Answer then pays me from whatever deposit you have with Just Answer. You may also be receiving a survey from Just Answer - it asks about your website experience and then your experience with the expert who answered your question. It would be helpful to me if you could give MARY M Esq a positive rating on any survey you receive. And again, I am very sorry that it took so long to get to me -- but I answered the question right after I saw it.

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Best of Luck !

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MARY M

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