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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118649
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Im a soldier in the US Army. I was awarded temp. custody of

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I'm a soldier in the US Army. I was awarded temp. custody of my son in 1998. I was deployed in 2007-2008. I gave my son to his mother in Houston for safekeeping. It's 2009 and she refused to return him. Additionally, she has filed for child support. I been in contact with the Tx Atty Gen via fax. However, I just received a notice saying I failed to show up for a Child support Review order. I already told the TX Atty Gen I was out of town (MA) for military duty. I'm afraid they are going to move on this child support issues without my input. What can I do. I even fax them orders, initial Temp orders, Military document showing I was awarded my son. I've since remarried hand have two other children and a wife. I can't afford to pay child support without them taking into consideration my other children (obligations). I'm getting the feeling I'm being set up. The TX Atty Gen is just not listen to me. Do I need an attorney before I end up paying too much. Time is running out for me.
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 years ago.
I am afraid you are going to need an attorney to straighen this out. You will need to get a Motion to Show Cause for Contempt for her refusal to return the child to you contrary to the court order of custody. You would be liable for support for the time she had the child. As far as continued support, until you get the child back and the courts in TX do not care you cannot afford it, they go by their statutory guidelines based upon your net income and I have had courts tell my clients to go get another job if they cannot afford it. The courts also do not take into account your other family because their theory is that your other child should not get less than the guidelines because you have another family.

You are going to have to fight the ruling also based upon the fact that the hearing was held while you were on military duty. Again, you are going to need an attorney here to get your custody back and get the support award stopped upon your recovery of custody.

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Law Educator, Esq. and 3 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
OK, I understand. Now, I've had my son from 1998-2007. My ex failed to pay any money for child support. Will the courts take this into consideration. I even paid child support while I was deployed in Iraq from 2007-2008. Basically, I can show up and end up paying her for the one year she has had him without child support and get nothing for the 11 years I had him without any child support. ( Can I ask for back child support for the time I had him) Can we work out a deal where she owes me nother for the 11 years and I owe her nothing for the one year.
Expert:  Law Educator, Esq. replied 8 years ago.
Since she failed to pay support, you also need to add that to your motion for contempt and seek the back support, which the court can credit towards your amounts they want you to pay. You can also work out a deal where you waive the 11 years of back support in exchange for her dropping her claim for support. Again, an attorney there can in all likelihood get this straighened out for you and will likely get your child back too.
Law Educator, Esq. and 3 other Family Law Specialists are ready to help you