Legal Question in Family Law in Texas
arrears
if the child leaves the state of tx an moves in with u and u are the sole provider for the childs college education what can be done to stop arrearage payments going to a mother that is not even helping with the cost of books or anything else. Is there a way to have to payments that are for the child sent to a separate account that the child can get to since the child has been emancipated.
4 Answers from Attorneys
Re: arrears
You should really consult with an attorney. You need an audit and a motion before this really starts to hurt your credit report.
My initial consultations are always free, so call me at 732/247/3340 to discuss your case.
Re: arrears
I am not clear from you question whether you resided in NJ or TX. However, you have to file a motion with the proper Court (whoever enter the support order) to terminate her support order, and you might have a claim for her to pay you child support.
I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.
Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: arrears
If I understand your question, you are making payments on child support arrearage. This is to pay the money that should have been paid years ago, when the other parent was carrying the whole load. If the child is emancipated, then there is no current support.
Re: arrears
If the child is emancipated or over 18 you should not be paying current child support. However payment of child support arrears is paying child support that you owed but did not pay in the past.
You should consult an attorney to make sure your assumptions are accurate.