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Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 5235
Experience:  Licensed to practice before state and federal court
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Maam. I got a divorce and was required to pay child support

Customer Question

maam. I got a divorce and was required to pay child support for my daughter. The divorce was in Texas. I now live in MS. My child support is taking out of my check every week at work. I have tried to get this stopped and mailed off the required papers to the x for him to sign and notorize but he has not done it yet. My daughter is now 20 & has a child of her own. How can I get this stopped without having to come out of pocket too much. And if I have to come out of pocket can I make it where he has to pay it back to me?
JA: How old is the child? Is there an agreement for payment of child support?
Customer: She is now 20 Yes there was a agreement
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that should be it
Submitted: 2 months ago.
Category: Family Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I'm sorry to hear about your situation. According to one of my most trusted sources, “You begin the procedure to stop child support payments by contacting the Domestic Relations Office, or DRO at the family court in charge of your case.” Texas isn't very good with having all of its counties put their Domestic Relations office information online, but if you had an order in a specific Texas County then you should go back to that county’s Domestic Relations office or maybe you can run a Google search and find out where it's at. After that, you will submit the request, pursuant to whatever procedures they have, and explain that your child is now over the age of 18 and that you are child support should not be taken out it anymore. The enforcement division of the DRO will then make sure that the child support garnishments stop after that

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
I have contacted Fanin County where the divorce was created. They told me to print the paper work and feel it out and sign it and then mail it back to them and mail the other paper work to the other parent to have him sign. I have done everything but the other parent has not signed his forms. I don't think it is right that they keep taking it out just because he doesn't sign his paper work. He is getting a check every month why should he voluntarily get it to stop. So what are my options from here.
Expert:  Legal Eagle replied 2 months ago.

sign.. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

The other thing that I would do is call that office back and ask them why the other Parent's signature is required when you have proof that your child is over 18. You could tell them that the law requires that once the child turns 18 in particular that because your child has a child of her own, your child support obligation is over. Therefore, you should say that your payments should not be continued to be taken out simply because they are lacking the signature of the other parent who is receiving the child support.