My son is 26 years old, I had custody of him from the age of 12-18.?

Question

My ex wife was court ordered to pay 50% of medical bills that were not covered under insurance, she never paid. Is it too late to try and get that money from her? I was also entitled to child support, it was not court ordered, is it too late to go back and file for it? I would like to do all this without having to pay an attorney. Can anyone help me out? I am in Texas.

I just received a letter from Ft. Bend County Texas, I owed child support to my ex wife that I didn't know about. The first few payments that I made to her did not get recorded by the child support office. She called 7 years after my son turned 18 and said I should have paid until he was out of high school when the divorce decree says I stop when he turns 18. All this is interest and penalties 13,000. I don't have that kind of money, plus why did she wait 7 years to call and report me. The child support office says they had written it off two years ago. I never got any notices. I had custody of son #1 from when he was 12-18. I could have gotten child support but never asked for any. Is it too late to get it now? She has no statute of limitations do I? Also my son whom I had custody of had several operations, I paid for 100% when my ex wife was court ordered to pay for 50%. I never asked her for the money, is it too late to ask now? I really don't want to also pay $250/hour for atty.

The Fort Bend County did write off the amount, she called and asked them for it. We have substantial medical bills and would like to try and collect through the court and not hire an attorney. the divorce decree was modified so it is different than the state law, we got that taken off so we are down to 8K. The other payments were made in 1994 and we are having a hard time coming up with bank records. We do have Sept 1994 so far.

I guess I need to figure out how to file a motion of enforcement.

for the medical bills. The 26 year old has been over 18 for 8 years, maybe I can file for two years of child support

so we hope to take the bank statement to the Fort Bend child support office and get the sept 1994 payments taken off since we obtained the bank statement. the bank is still looking for copies of the checks. this will take more interest off too.

the older son that I had custody of was living with his mom from the ages of 24-26. He got her to buy him a car and he did not make the payments, he just moved out from her house. We are just guessing but think she is trying to get repayment from me since son stiffed her.

the child support office was very surprised that my ex wife called after 7 years and asked for the money. Especially after they had written the case off.

Answer 1

I assume you’re talking about 2 different children (one that she had custody of and one that you had custody of from 12-18)?

Just because the child support agency ‘wrote off’ the missing payments doesn’t mean you no longer owe it. She did have a statute of limitation--10 years past the date the child becomes an adult or the date the child support obligation terminates (per Texas Family Code 157.005). So, she was within her statute of limitations. Now it’s up to you to prove that you made the payments. As far as how long you were supposed to pay child support, you need to review the court order, but it is **very possible** that you were ordered to pay beyond the age of 18 if the child was still in high school (that’s a standard order in TX, although I don’t know if it was standard 10+ years ago, so again you need to review the court order).

To the best of my knowledge, no, you can’t now file for child support for the other son who is now past 18. You had to file for it before he turned 18 (that was the statute of limitations for that instance). If she was court ordered to pay 50% of medical bills and she didn’t do that, you can file a motion for enforcement of the order (you have the same 10-year statute of limitations she had). Of course you have to provide proof the expenses.

You REALLY need to talk to a local attorney. Considering that this is a potential $13,000 judgment, it’s worth spending a few hundred dollars for REAL legal advice.

Good luck.

Answer 2

Unless you have been involved with drugs, alcohol or abusive behaviors, she doesn't have a case against you if you are dating someone over 18 yrs old (legal age). She may not like the big age gap, but she cannot stop you from seeing this woman (as long as she is also "clean"). If the ex has custody, there could be issues with her refusing to let you see the child and you have every right to take her to court for contempt to get visitation rights. If you have custody of the child, then she has nothing against you to have a change in custody. Her best bet is to get to know the person but that's easier said then done in a lot of cases.

Answer 3

Like many unpaid bills, there might be a statute of limitations. Check your state's laws.

If child support wasn't court-ordered, you're screwed.

If your son has a good relationship with you, then you are clearly the winner. Count your blessings and leave it at that. Kids are priceless.

Answer 4

Perhaps you should consult a lawyer rather than a bunch of people on the internet, even though I see that you would rather not pay a lawyer. The advice you receive here will be half-assed, at best, and if any lawyers use this website, they probably would rather not give out free advice. They make too much money giving out legal advice.

Answer 5

I would think you are a little late but just in case check with the Texas Attorney Generals Office.

Answer 6

Getting the money I don't have a clue.

I do know this, Its time you get over your ex-wife you have been apart 14 years its time to start living for you and not worry about what the ex may have did or not do.

Answer 7

it is too late to pursue the child support, but if the 50% was court ordered between 12-18 then you can legally pursue it, to avoid a lawyer you need to go to the courthouse and talk to the judge.

Answer 8

You cannot try this without a lawyer. Some of them offer free consultations, call around and find one.

Answer 9

I don't think it sounds too doable - if there's a statute of limitations, you're too late. If you're really serious about trying to collect, I'd seriously recommend you find yourself a lawyer.

Answer 10

Why would you go after her for the money? I don't feel anyone should receive money for taking care of their own child. Sounds like you are trying to hurt her even more.