Legal Question in Family Law in Texas

My 18 year old son decided to move back to our hometown and live with his father, he will graduate high school the first week of June. His father's child support is currently garnished for him as well as our 16 year old daughter who lives with me. I was told that I would not have to pay CS on my son until he has lived with his father for 6 months to establish residency..is this true? And what about the garnishment that is currently for both of the children..will it be adjusted before he graduates in 5 months?


Asked on 1/07/11, 5:40 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Nothing will change (as far as wage garnishment, and ORDERED child support) until somebody goes back to Court and gets a modification. You don't modify a court order by allowing an 18-year-old to change residences.

Dad could go to court NOW and get a modification of his child support based on changed circumstances (i.e., one child living with him and one living with you). There is no waiting period.

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Answered on 1/13/11, 1:51 pm


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