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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My son was encouraged and bribed by my EX husband to live

Customer Question

.My son was encouraged and bribed by my EX husband to live with him when my son was 12 years old. I fought this in court however I was told a 12 year old could choose who he wanted to live with. My Ex and I have been divorced since my son was 18 months old. I never took him to court when he was late with child support, or lost his job.My Ex husband told me it was my time to pay.
During the time my son has lived with him, his grades have suffered, his health deteriorated, my son has type 1 diabetes. On blood pressure rx. Last year my son called me upset, stating his dad had changed. His dad is living with a girl 10 years younger than him, fight often,has had his father put in jail. He spoke to principal at school and told him, told my lawyer, was going to testify in court about this, the day before his father intimidated him and my son was scared to go. We went to court without my son testifying, the judge said because he would graduate soon, and I live 45 miles away he should continue to live with his father.the judge stated the girlfriend had to move out. He moved her out for one week. Moved her back in. Nothing has changed. My son barely graduated. He told my son he should not plan on going to college., told me if my son did not graduate he could get another year of support. I had to leave my job, go back to school, I owe my ex 3,000 for the time I was going to school. I now have a good job and I have always paid since my son was 12. I have paid all his medical expenses, he never pays any of that. I am going to the Child Support Office to try to get this back support dropped. My lawyer says that we will try to have this changed but since my son turned 18 in May and he graduated it probably will not happen. Can you tell me if I have a chance. I am trying to help get my son into a Junior College and I am a single parent. It has been very hard on my son.
Submitted: 2 years ago.
Category: Family Law
Expert:  originallawyer replied 2 years ago.
In Texas, it's usually fairly cut and dried.
If you were ordered to pay support to the other parent, and the child was living with the other parent during the time the support was owed, it's not likely that back support will be dropped unless the other parent will drop it. If he doesn't agree to drop it, most likely you will continue to owe that back support. Generally the only time back support can be dropped is if the child is living with the person who was ordered to pay support.