Legal Question in Family Law in Texas

Back child support and child custody
I have had primary custody of my son for the last 14 years, he is now 16 and wants to live with his father until he is 18. His father, my ex husband, owes almost $5000 in back child support, he is refusing to pay this while my son lives with him. Can he do this? He is insisting that I should be paying him monthly child support while my son is with him and that that money should go against the back child support he owes me, again, can he do this? What do you suggest I do. The family law attorney I used years ago, is deceased now & I have no way of getting legal advise from him. My ex has also been to court one time prior to this, for back child support. The judge at that time, told him if he got behind again, that it would be automatic 30 days in jail. All these years he has been behind in support, I have been empathetic to his financial struggles, and told him he could pay whenever he could, as I did not want to see him go to jail, however, now that he is refusing to continue paying monthly child support, because my son is living with him, I feel as if I have been taken advantage of & I want to take action against him. What action should I take , that would be in my best interest. Please advise. Thanks so much -

Asked on 6/20/07, 1:18 pm

TC Langford Langford Law Office

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Re: Back child support and child custody

File a petition for contempt. He will probably get an offset for the months he has had primary custody.

Answered on 6/20/07, 2:24 pm

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