Legal Question in Family Law in Texas

agreed to lower support 2 years ago so I could move

3 years ago I signed an agreement written by my son's father stating that I would lower the child support in half if he would let me move out of state (To TX from CA) since I had a really good job offer. I now would like to raise the support as my son is growing up and needs more than he used to. The 1/2 that I speak of is 1/2 of an original order from CA in 1995 which was 600 then and is now 300.- I never took him back for a modification. The dad has since had 4 more kids and says that I cannot get any more because he has all these extra kids and I signed the agreement. His wife does not work and their kids all go to private schools while I can't even afford to put my son in baseball. 1. Do I change the order to Texas before filing? 2. Will his new kids effect my son's support? 3. Does it matter that I signed that document? It doesn't say forever on it! Thanks!


Asked on 12/29/08, 9:16 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: agreed to lower support 2 years ago so I could move

Under Texas law, signed agreements, are not court orders. I am not familiar with CA law. If you signed an agreed order, which was signed by the judge, then you have to deal with the current order.

In either case, you will not be able to enforce anything, without a court order modifying the last order of the court. If the most recent order is from a California court, then it can be enforced in Texas, but probably have to be modified in California.

If the CA order has a geographic restriction in it, you will have to contend with your violation of the restriction.

The agreement to lower child support and to lift the restriction are relevant issues at trial, but do not invalidate the court's order.

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Answered on 12/30/08, 7:38 am


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