Legal Question in Family Law in Texas

Arrears in TX

My husband is in arrears in TX. His oldest son is suppose to drop off the support at either 18 or upon graduation from high school, whichever comes last. In our case he would come off when he graduates from high school in May of 2003. I called the TX AG office and they said because my husband is in arrears (he is paying his current support plus his arrears)he will continue to pay the same amount of support every month until the arrears is paid in full. My first question is this correct? And secondly, if this is correct, can't we use the portion that would have been for his son, to go towards the arrears and not towards regular child support? There is not a court order for my husband having to help pay for college and there isn't anything in the final divorce decree and we have no intention of helping to pay for his college.


Asked on 10/21/02, 3:51 pm

2 Answers from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

Re: Arrears in TX

Th AGs office could very well be correct. It depends upon what the order says. After the current support is finished everything goes to the arrearage and interest.

There is rarely a provision in a decree for college. Unless the parents agree, there is no compulsion to pay for that. If neither parent pays or if they do not agree to split the costs, then the child will have to do it himself.

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Answered on 10/21/02, 4:22 pm
Larry Lee Larry Mason Lee

Re: Arrears in TX

I'm certain that the AG representative meant that the total amount paid per month would not decrease, but that the total amount paid would count towards the arrears once the child graduated from high school. You should telephone again and be sure to make the distinction between the application of the total monthly payment before graduation from high school and the application of the total monthly payment after graduation from high school. This is no reguirement under the law that you subsidize the child's college education.

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Answered on 10/21/02, 6:58 pm


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