Okay, here's the thing - my daughters bio-father showed NO interest in her for 5 years. I got remarried & my husband is wonderful with our daughter & she adores him as well....so, all is good...happy family, yeah :)
WELL, the bio-father got remarried recently & has all of a sudden developed the need to pretend like he was trying to see his forgotten daughter the whole time & has filled his new wives head with how horrid I was for "denying" him (okay whatever). Anyway, he is alll of a freakin' sudden filing for sole custody & asking that his almost 40K in CS arrears be dropped. They won't drop it WILL THEY? (TX)
Anyone have any useful info.? thanks!
2006-08-20 18:19:24 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
In family law, custody and child support are not related, but are two separate issues. If there is a court order for payment of support in arrears, that cannot be taken away unless it is proven that you were not entitled to it in the first place (i.e. your support agreement has a clause that ends support if you remarry).
The most important thing you need to do is not put a price on your child...if you want custody of her, then the support money shouldn't become a heart issue for you...you need to fight for your daughter, and not the support. It's really unlikely you'll ever get that arrears support paid to you anyway.
I have been through this exact same fight, when I got remarried, the ex suddenly took interest in his daughter again and also started to fight for custody. As a result, he got more time with her but also had to pay me more support. Truthfully, fighting over support is useless as there are no real consequences for non-payment. Once I decided and came to terms with the fact that my daughter's dad would have the right to see her regardless of neglecting his financial responsibility, there has been much more peace and less stress in our home.
Ask yourself this: How much is your daughter worth to you? Is she priceless? Mine is... I gladly keep her even though I receive no support (though I'm owed $840 a month and nearly $20K in arrears). Your ex is trying to upset and manipulate you....just remember, your daughter is priceless!
2006-08-20 18:44:08 · answer #1 · answered by pknutson_sws 5 · 0⤊ 0⤋
Chlld support arrears are almost never forgiven or waived. They cannot be discharged in bankruptcy. Arrears aren't reduced even if future payments are reduced by reason of low income, disability, etc.: the payor should have applied for reduction as soon as his (or rarely her) facts changed.
Custody, however, is based on a rather fanciful "interests of the child" and has nothing to do with payment of support. That's why a mother who obstructs visitation is rarely punished by withholding support.
You should keep a diary of viists and calls, cards and gifts, etc. so that you have an answer if he lies. And be very careful about your reputation in the community in case his lawyer starts claiming that there has been abuse.
2006-08-20 18:28:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Hey I think I answered one of your questions on here before about the custody thing. I seriously dont think he can get his child support waived especially since he owes so much. And in my opinion he will have a hard time getting a lawyer to take his case for the custody he sounds like a dead beat dad to me.
2006-08-20 18:26:50 · answer #3 · answered by raechelblueeyes 4 · 0⤊ 0⤋
I don't pretend to know the law in Texas but I will tell you that in all of the United States, it is extremely difficult for a Mother to be denied custody of her children. You have to be a serious drug addict or have a history of endangering you children in some way or , well, you get the idea. I wouldn't worry if I were you.
2006-08-20 18:28:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
in view that my lady is very almost 18 i understand greater efficient than some approximately this theory. The previous 17 years of her existence have got here upon her mom 2 associate ranges which she does no longer something with. The time that I had her in my custody I asked the courtroom for no help because of the fact i wanted no excuses for her mom to no longer be there for her. interior the three months that it took for my atty. to get it into the courtroom i develop into nonetheless charged the help for her. The final time we've been in courtroom for a listening to the courtroom set my help because it develop into earlier and he or she went BALLISTIC. She had the nerve to tell the courtroom that her legal professional needed her to quit her piddly job and bypass decrease back to college and get her masters degree. that's obvious her masters in BS has no elect of extra education. those welfare using females could desire to be sent out to do what we the accused deadbeats are forced TO DO in many situations occurring!! Which area is surely enjoying the deadbeat right here? as quickly as I had my youngster my gf & I the two worked. while my X have been given remarried for the 5th time they did no longer even have utilities. while DHS took my youngster removed from her they did no longer even worry to call me. If one in all the different fathers hadn't employed my atty. i could have mever basic that this even occurred.
2016-12-11 12:24:50 · answer #5 · answered by ? 4 · 0⤊ 0⤋
no, they will see that he hasnt visited her nor paid the support. What , is he stupid? Doesnt he realize he can be put in jail directly from court for non-payment?
2006-08-20 18:27:42 · answer #6 · answered by spaceytracey3 4 · 0⤊ 0⤋
Child support aren't waived. In most states you could have his wages garnished.
2006-08-20 18:43:19 · answer #7 · answered by Sam 7 · 0⤊ 1⤋