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RosieRaydd

Custodial Parental Rights

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I am the custodial parent. Non-custodial is 30k behind in child support. The past year I’ve fallen on hard times and agreed our 14 year old could live with non-custodial parent until I was back in a better financial and emotional position to bring her back home. Question is: if parent owes so much, yet is now demanding child support payments AND refuses for me to see child because I refuse to “conform” to his rules etc. would the courts force me to pay child support or deduct the amount from his outstanding balance? I would like to have visitation in place and work out a child support agreement but I don’t feel I should have to be out of pocket after years of non payment and him being so behind in arrears. We have a 19 year old in college that I paying for 100% without his help as well.

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Until the court changes it, the current custody and support orders stand.  If one of you seeks a modification based on the child now living with the father, it is likely that the court will order you to pay child support.  How that would likely be handled given the existence of substantial arrears owed to you is something about which you'd need to consult with a local family law attorney.

 

Note that your voluntary payment of your adult child's college bills are not relevant to this.

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You received the best answer you are likely to receive from anyone that isn't your lawyer.  

1 hour ago, pg1067 said:

How that would likely be handled given the existence of substantial arrears owed to you is something about which you'd need to consult with a local family law attorney.

 

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50 minutes ago, RosieRaydd said:

So the question still stands that arrears would or wouldn’t offset any payments the court would order me to pay.

 

There used to be a lawyer knowledgeable in Texas family law who posted here regularly, but I'd say it's been at least a couple years since he posted here regularly.  To the best of my knowledge, no Texas attorneys currently follow these boards regularly.

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