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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a family law question (Family Code: Title 5: Chapter

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I have a family law question (Family Code: Title 5: Chapter 154: Section 154.001 and Section 154.002). My former spouse is the custodial parent of our son age 19 (born April 17, 1997). She has choose to home school him for 12 years. He started first grade in September 2003 and completed high school in May 2015). After he graduated home school after 4 years in May 2015. The Attorney General’s Office stopped my child support per there policy for home school children. She told me in June 2015, he had enough credits to complete high school, but he want to continue to play basketball and she wanted to continue to receive child support. She told me she was going to contact the Attorney General's Office inform them that his new graduation date was now May 2017. She enrolled him in a public school in December 2015, but he did not start attending class until January 2016. Note: He was not attending school on a full time basis September 2015 - December 2015, this should be violation of the attendance law in the Family Code. She has also violated the intent of the Family Code by enrolling our son in Public school after 12 years of home school and 4 years of high school. The Attorney General's Office started my child in July 2016 after they stopped it in April 2015. Now they have informed me that I am in arrears for over $4000 and I was never in arrears. The have temporally stopped my child support until we have an hearing in three or four months. If I lose the hearing and appeal the decision this could be a case for the Texas Supreme court to decide. Did my former spouse violate the intent of the family code and the attendance law in the family code? Have my constitutional rights and/or civil rights be violated? Can you provide case law for any case like this in Texas and was won by the non-custodial parent? How can this case be argued? What information can I provide the Attorney General’s Office to stop my child support? Please provide assistance.
Robert J. London
MSgt, USAF (Retired)
Disable Veteran
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Additional Information:I have an audio recording dated, March 9, 2009 (Mr. London, my daughter and a counselor at SAFB) and I had the audio recording transcribed by a court reporter. On the audio recording my daughter at age 23 stated her mother wanted to home school our children until they were 30 years old so she could get more child support. She stated my oldest son age 18 in 2009, had enough credits to graduate in 2008 and this was in 2009 and she extend his graduation date to 2010. She stated my son wanted to play basketball. Can this audio recording be used as evidence to argue my case? Please explain?Additional InformationI talked to the WFISD in Wichita Falls TX and they told me that my former spouse was informed that my son could transfer at age 18, but he would not be able to receive any credits for home school because she could not produce an official transcript, but he could transfer as a freshman. They recommend he take calls to pass his GED. She went to another high school in a small town and they transfer him as a junior and gave him 14 credits. How can one school disapprove credits and another approve credits to transfer? This is an inconsistence in the public school system.
Note: Texas does not regulate, oversee or monitor home schools.Additional Information:According to my son's home school recordings provided by my former spouse his unofficial transcripts show he completed three years of high school (freshman, sophomore and junior year). She shows him starting high school a year later which is false. When he enrolls and transfers in public school his status is a junior and he basically repeated his junior year. As a minimum should I have to pay child support for his junior year that is repeated? Note: When the public school transferred his home school records his GPA was 93.71 % and ranked 7 in his class. The point is with this high of a GPA he would not need to repeat his junior year of high school. With this high of a GPA how can she justify him not being able to complete high school on time in 4 years in May 2015 and how can she justify as a minimum him repeated his junior year and totally missing another semester in the fall of 2015?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, there is nothing in the case law about this situation. The Texas statutes say that child support may continue beyond 18 if the child has not "graduated" high school. So if your child did not graduate the home school program, your ex is going to be entitled to support until he does so or generally until he is 19.
Your argument here is that he should indeed have graduated and you would need to present evidence from the home school program showing he was qualified to graduate. Also, you need to show that she has him in school for the purpose of playing a sport, but he has the credits sufficient to graduate and he is 19 and has no need to be in school for education. The court's are not generally stupid and the AG office typically goes by whatever sob story they get from the custodial parent, so you need to present the proof he could graduate at any time and she is simply delaying for collection of support.
Customer: replied 2 months ago.
Audio Recording Conversation In Texas On Military InstallationIn Texas audio recording conversations are legal if one party consents. Would this also include a military installation if the conversation was a personal conversation.My daughter and I are having a meeting with a counselor at the Family Advocacy on a Military Installation in Texas. This is not a counseling sessions. My daughter wants to set the record straight regarding some false allegations that were made by family members about me.This audio recording might be needed in court to prove I am innocent of the false allegations.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your negative feedback. Pretty DISINGENUOUS given it has been almost a YEAR since you replied.
Best wishes on your issues.

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