Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My daughter living in Texas, she is 18 years old since last

may , she just finished...
My daughter living in Texas, she is 18 years old since last may , she just finished high school last jun7 (graduation included) her mother has set up a lawsuit (May 28 ) asking for child care support, asking for retroactive and coverage of particular school. ( I received this document Jun 19).
I have paid school in full for ever, medical insurance and others but never trough court. I have documents to prove the most of the expenses. I am living in different state than TX in USA. Questions:
1. How in this world the mother can setup a law suit for child support if my daughter is not a child anymore? she is an adult
2. Mother is asking for retroactive, do I have to check the rate table according with my situation/number of dependents and, do I have to pay the difference? for how long time in the past?
3. It really worth to pay an expensive "Best attorney" to try to avoid the charges? In other words, do I have chances to win this case (win means not pay anything?)
4. what are my options, ?
I really hate to see how the mother accepted the support for years and now suddenly trying to take any chances to get more money from me. I was planning to support my daughter anyway for college ( according to my possibilities ) but I hate to be treated as irresponsible, she is asking to cover her attorney and interest of 6% for retroactive
Any suggestions will be appreciated, thank you ( time sensitive)
Show More
Show Less
Ask Your Own Family Law Question
Answered in 10 minutes by:
6/25/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,742
Experience: Licensed experienced Attorney
Verified
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your difficult situation.

Was child support ever ordered for your daughter by the court?

Did the mother filed her lawsuit / petition for retro child support after child turned 18?
Ask Your Own Family Law Question
Customer reply replied 4 years ago

Was child support ever ordered for your daughter by the court?


NO

Did the mother filed her lawsuit / petition for retro child support after child turned 18?


yes, Child turned 18 on May 16 and mother filed lawsuit May 28. my daughter finished high school Jun7 including graduation

Customer reply replied 4 years ago
Relist: Incomplete answer.
I do not see the expert has expertise in Texas law
originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 905
Experience: 9+ years of experience in divorce, custody battles and mediation.
Verified
Good evening:

I am a practicing attorney in Texas. Under Texas law, her lawsuit was timely because Texas law provides for child support after the child turns 18, if that child is still in school. Essentially, she waited until the very last possible moment to file this suit and it still be timely.

HOWEVER: If you have proof that you have been supporting your daughter, this can be used to offset whatever amount she's requesting. It is vital that you respond to the suit and request that you be notified of any and all hearings, or else they can and will default you and you will be saddled with back child support without your consent.

The language requesting attorney's fees is standard to Texas pleadings. Rarely does a Judge grant it. In this situation, where she waited until the last possible moment, I think a Judge will likely see this as an attempt to grab money, as opposed to an action brought out of real need.

A Judge cannot order you to pay for a specific college. Texas does not require parents to pay for their children's college education UNLESS your divorce decree provides for that.

It is worth it to hire an attorney. You don't necessarily have to hire an expensive attorney, just one who knows what they're doing in the area of child support litigation.

Texas allows for retroactive support back to when you separated from the mother, so if you hypothetically separated from the mother 10 years ago, you could, if you had no proof of support, be ordered to pay 10 years worth of support. Support would be ordered based on what you make now, and how many other children you support.

Hopefully by this point you see why it will be necessary to hire an attorney, especially if you are out of state and are unfamiliar with Texas child support laws. To put it bluntly, Texas still very much favors the custodial parent when it comes to child support issues, so it is important to act on this quickly.

www.texaslawhelp.org has some information on Texas laws in this area, and I'd suggest reading over it before you speak with an attorney.
originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 905
Experience: 9+ years of experience in divorce, custody battles and mediation.
Verified
originallawyer and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


A little bit more information maybe you can have a better understanding, No much of your time,


1. Her mother and I never been married


2. My daughter is from Mexico, she is H4 holder visa as my dependent, I do have H1B visa


3. Her mother is from Mexico and she is tourist visa holder


questions


1. the 10 years still applicable under the situation just expressed


2. The fact that they are not USA citizens may help me on this?


 


Thank you for your answers, they are very helpfull

Unfortunately, citizenship is not a prerequisite for requesting child support. In order to engage the support services of Texas, both this woman and your daughter needed to have been residents for at least 6 months. Once that was satisfied, she could file suit at any time.

Marriage is also not a requisite. Separation simply means when you stopped living with the mother. If you never lived with her, then support can be ordered back to when you were aware of your daughter's existence.

It could be that the child's mother was applying for state assistance in another area, such as insurance, food stamps, etc. If she is claiming that you are not assisting her, then the State requires that she tell them who you are and that she attempt to get support from you before the State will provide any support.
Ask Your Own Family Law Question
Ask originallawyer Your Own Question
originallawyer
originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 905
905 Satisfied Customers
Experience: 9+ years of experience in divorce, custody battles and mediation.

originallawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I had a child support case dropped last year, now the mother
I had a child support case dropped last year , now the mother gets mad when I'm late with the payment now she saying she going to open it back up Tuesday. He will be 17 May the31. But can she do that.… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Situation: Court order says to pay child support if the
Situation : Court order says to pay child support if the child is living at the mothers home and going to college until the child is 20 years old. What if the child is living in a college dorm does th… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The non custodial parents child support order isi in South
The non custodial parents child support order isi in South Dakota, he owes approx 25k in back support. He fled to Indiana and I was able to tell the process server his location. He has not paid a penn… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I was not properly served by the custodial parent. Instead,
I was not properly served by the custodial parent. Instead, she falsely told the County clerk's Of Alameda that I was served. What should I do? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,865 satisfied customers
I have a child support case tomorrow, the mother lost
I have a child support case tomorrow, the mother lost custody to the grandparents due to hard drugs. Grandparents have guardianship of my son, a hold was put on payments to stop from use of drugs. Gua… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,429 satisfied customers
My Husband pays child support to his child's mother. The
My Husband pays child support to his child's mother. The agreement was never brought to the court or signed.Can she file for child support and if she does will the court make him pay the 17% or take i… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
Non-custodial parent slept with a woman outside of his
Non-custodial parent slept with a woman outside of his marriage and created a child with mistress. As a result he ended up getting a divorce. He now claims that due to the divorce tying up his money -… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
209 satisfied customers
I am the non-custodial parent (mother) of a 17 year old
I am the non-custodial parent (mother) of a 17 year old daughter who has been hospitalized for suicidal thoughts, running away and cutting. She does not want to return to her father's home. She fears … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
My grandsons mother is trying to be the custodial parent. My
Hello my grandsons mother is trying to be the custodial parent. My son is trying to have joint custody she filed in court my son needs a lawyer … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
In Texas, can child support be deducted from an inheritance
In Texas, can child support be deducted from an inheritance by the non-custodial parent who pays child support at present… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,669 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Do I claim child support from previous marriage on my new
Greetings, Do I claim child support from previous marriage on my new separation papers to my current spouse? … read more
socrateaser
socrateaser
1,031 satisfied customers
Does the child support differ from separation and divorce. I
Hello, does the child support differ from separation and divorce. I live in North Carolina where a one year separation is required before a divorce. Also we are a military family. … read more
Michael Gonzalez
Michael Gonzalez
JD
523 satisfied customers
In a divorce case, in reference to child support, what does
In a divorce case, in reference to child support, what does pro rata share mean? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
A non-custodial parent is required to pay child support, but
A non-custodial parent is required to pay child support, but finds the under aged children left the custial father on their own free will and is no longer under the custodial care. can the non custodi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am divorced. 3 kids from that marriage on child support
I am divorced. 3 kids from that marriage on child support under New York law, now getting divorced a 2nd time, 2 kids this time. Does my obligation to the first 3 have preference in the calculation of… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x