Legal Question in Family Law in Texas
Backpay
Have a friend who's being sued for back child support. The custody of the child was sign over and notorized to the father sister at the age of 7 or 8 yrs old. The sister raised him for 3 yrs unitl he was 11. After three years the father reassumed the care of the child. During this time, the ex-wife was not involved of the raising of the child though She was collecting AFDC/medcaid in his name and, also was declaring him on income tax in the end of each year while child was in his father care. The ex- wife never recinded her custody statement that was signed and notorized.
1) Is she entitled to back child support? 2) Is it legal for her to collect AFDC/medicaid when she signed away custody? 3) Can she claim him on the income tax as a dependant when she was not anyway involved in his upbringing?
1 Answer from Attorneys
Re: Backpay
Back child support would not be due for the time the father has had the child. He might have to pay child support for the time some other person has had the child. Usually AFDC requires the applicant to have legal custody of the child regardless of who has possession.
Your friend will have to offer proof of each of these allegations in court. Merely saying these things in front of the judge usually is not sufficient proof.
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