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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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Texas - My 16 yr old daughter is going to live with her Dad

Resolved Question:

Texas - My 16 yr old daughter is going to live with her Dad for the first time. We are working out an "Agreed Order Granting Motion To Modify In Suit Affecting The Parent-Child Relationship" through his Attorney. The motion date will go into affect on the 15th of the month. The document states I will be obligated to pay child support with the first payment being due and payable on August 15, 2009 (retro).

My question is this:
Will her Dad's child support automatically be pro-rated for the first half of the month of August? He seems to think he will not have to pay anything for that month at all. The document does not state an effective date of the custody, visitation and support modification other than the paragraph addressing the child support.

Thank you.
Submitted: 7 years ago.
Category: Family Law
Expert:  Lady Themis replied 7 years ago.

Thank you for your question.


No, it isn't automatically prorated, although if you file contempt charges for his failure to pay child support for August, the court will likely prorate the child support to August 15 when you are to start paying. You should ask that something be included in the agreement to clear up the issue of August child support and exactly how much would be due.



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