Legal Question in Family Law in Texas
Back Child Support
Why is he being penalized for child support that he did not know he owed? He was in the military; he paid her $612 a month for the last 5 or 6 years on his own since there divorce, no court order, completely voluntary between him and his ex. When he exited the military June 2006 HE went to the courts to ask for court order child support and visitations and we paid a fee. When his court date Oct 2006 came about they told him he need to send something during the time of Oct 2006 until the court came through with an amount because he could no longer afford to send the $612 that he was voluntarily sending. Judgment came through Mar 2007 that he would pay $399 starting April 1, 2007. Now he is being charge $12,095 in back child support an interest because he was not sending the $612 between the months of Jun when he got out to Apr. How was he suppose to know, and why did the judge/clerk tell him to his face that he didn't have to pay anything prior to the date stated on the paper work, not from the date the paper work was filed? Now he is being garnished his state job for $12, 096 in back child support.
How can this be?
1 Answer from Attorneys
Re: Back Child Support
It doesn't sound like your husband had his own attorney. When you don't have your own attorney it is your duty to read and understand what you agree to before you sign anything.
$12K sounds like too much to just be for the time from June 2006 to April 2007. If this was an Attorney General case and the Mom did not agree that he had been paying her voluntary support there is probably a judgment against him for back support, especially if Mom ever got any assistance (Medicaid, food stamps, etc.).
Read the Order. Everything should be in there; the current support and any arrearage or back support.
You need a good family law attorney to review everything with you and explain what options you might have.
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