Legal Question in Family Law in Texas

$25,000 Lump Sum Child Support Payment-and monthly Payments

While in the military I divorced my wife(who is now retired military) in the state of Kansas in 1990. No child support order was issued in Kansas. I remarried in Virginia and my ex-wife told me that she did not require child support because she had housing, health and other benefits from the military. This was a verbal agreement. She moved to Georgia later and I began paying her support. Approx. 4 years ago she moved to Texas and I received notice from them that I was required to pay $350.00 a month (150.00 to my son and the additional towards the 25,000.00)until my son reached 18 (he is now 19). I have contacted them to ask how they reached this figure, did they give my ex-wife $25,000.00 in cash. etc. To date, I have received no information from them to clear this up. Since I was divorced in Kansas which order has priority? Kansas or Texas? Also, was my ex-wife required to get my signature when she claimed her military retirement? We were married approximately 10 years?


Asked on 1/31/02, 10:15 am

1 Answer from Attorneys
Darren Schraeder Schraeder Law Office

Re: $25,000 Lump Sum Child Support Payment-and monthly Payments

It is a difficult question without reviewing both the Kansas and the Texas Orders. You sound like you did not receive notice of any Texas proceedings. Has your ex-W always known your address? Normally, Texas would not modify a Kansas support order. But you indicate that the Kansas order was silent about child support because the military allotment. So if the order did not contain child support, you might convince a Texas judge that child support could be established. The troubling issue is the $25K arrearage. It sounds like you wife was silent about the divorce and receiving a miltary allotment. The only way to know is to get the Court's file and look at the pleadings. If you did not get service of the Texas suit, or if the Texas Court lacked jurisdiction over the Child Support, we might be able to file to undo the award. What was the date the Texas judgment was entered? It is important to act quickly as to not miss any deadlines. This question is best handled in a question and answer session. Feel free to call me at (972) 481-7990 if the Texas case is in the North Texas Area. If not, you should contact an attorney in the area where the Texas order was entered.

Darren

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Answered on 1/31/02, 9:13 pm


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