Legal Question in Family Law in Texas

Everyone is correct! LOL!!

There is no such thing as a "co-habitation credit" per se, so the attorneys who tell you there is no such thing are correct. However, in 2011 the Texas Legislature amended section 157.263 of the Texas Family Code by adding section 157.263(b-1) which states that "In rendering a money judgment under this section, the court may not reduce or modify the amount of child support arrearages but, in confirming the amount of arrearages, may allow a counterclaim or offset as provided by this title."

"As provided by this title" refers to section 157.008(d) which states that "An obligor who has provided actual support to the child during a time subject to an affirmative defense under this section may request reimbursement for that support as a counterclaim or offset against the claim of the obligee."

So what the family code is telling you is that the court can't just willy-nilly lower your arrearage amount but if you can prove that you provided actual support for the child, as you probably did when you co-habitated after divorce, you can ask the court for credit. Which means the attorney you talked to in Houston was more right than wrong.

How's that for having it both ways?!

Good luck!!