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cases to support vacate arrears TX

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#1 Hope5498


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Posted 31 January 2013 - 01:13 PM

both parties (custodial and non custodial parents) agreed to have child support payment made from his bank acct to hers - as suggested by her atty. He has bank statements for past 6 years to validate payments were made on time. He (non custodial) parent has filed for modification due to change in income (pay cut of $50,000) and to lower child support amount. She (custodial parent) wants to sue for arrears and increase in child support. If this does go to court, the kids (ages 20, 18, and 16) are willing to testify that money their mother (custodial parent) received was in fact for child support.

1. How would this hold up in court?

2. Are there other cases that can be referenced to same/similar situation that showed in favor of non custodial parent?

3. What is worst case scenario?

#2 Ted_from_Texas


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Posted 31 January 2013 - 01:43 PM

1. How would what hold up? His request for a reduction, her request for an increase, her contention that there are arrears, or his contention that there are no arrears? The outcome of any of those matters depends on the relevant state laws and judicial guidelines, and the nature of the evidence that either produces to back up their claims. I can't imagine why you'd think the court would believe your children are actually competent to swear to the purpose af any transfers from your bank account to your ex's, and child support is technically none of their business anyway.

2. Case law research is time-consuming, tedious and expensive, and outside the scope of this forum. Based on the few facts in your brief message, I can only answer, "maybe, maybe not."

3. Assuming you aren't run over by a bus on the way to the courthouse, the worst case scenario I can imagine is that the court will rule in favor of your ex. Is that really what you meant to ask?

#3 Guest_FindLaw_Amir_*

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Posted 01 February 2013 - 11:37 AM

To learn more about this subject matter, visit the Family Law Center: Child Support and Child Support Modification as a good resource.

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