Legal Question in Family Law in Tennessee
Collecting past due child support
I currently reside in Houston TX. My ex husband resides in Memphis, TN. I have an 18 year old daughter that just started college. How can I sue for past due child support and medical from Texas to Tennessee? Do I need to hire an attorney in Tennessee? What are the proper prodedures? Can you refer me to someone who can help? Thank you.
2 Answers from Attorneys
Re: Collecting past due child support
Hello there -
Pursuing past child support is not at all an uncommon procedure in Texas. The suit for such could be filed by you here in Texas, and in fact, is only appropriate in this state if you and your child have resided in the state for the past six months. Suit would likely not be proper in Tennessee due to the Uniform Child Custody Jurisdiction Act.
The proper procedure would be to file an action for "Enforcement of Child Support" in Texas district court in your county. The father would have to be served in Tennesee, which would require use of the Secretary of State in Texas. All of which, will not be too great of an issue. There are some applicable statutes of limitations and the 18 year mark of the child is quite crucial. I encourage you to retain an attorney and start work on this case as soon as possible, with special discussions of statutes of limitations.
This firm practices family law and pursues enforcement of custody and support obligations throughout the state. Should you have further questions or wish to consult with us, please feel free to call 254.756.5004 or e-mail: [email protected] All the best,
Joshua Wintters
Attorney at law
Re: Collecting past due child support
What Mr. Winters said is right. Even if your child is already 18, the law allows you to collect past child support if the filing is done within a reasonable time after the birthday. What's more, you may be able to collect attorney fees in the enforcement action. Call me at 713-465-1456 if you have any questions.