Legal Question in Family Law in Texas
Bogus child support liens
My husband and I live in Alabama. We recntly recieved notice that his ex-wife,who lives in Texas, has filed a lien against our property in Alabama. She alledges that she is owed child support in the amount of $500,000.00. My husband has three children with her. The ages of the children are 22, 24, 26. We have always paid support and more faithfully to his ex. Now that the children have graduated from colledge, we have stopped sending support. By the divorce decree support should have stopped when the youngest reached the age of 18. We now find ourselves spending $$$ to fight this. What is our recource?
2 Answers from Attorneys
Re: Bogus child support liens
You can file a motion for sanctions under Texas Civil Practice and Remedies Code Section 9.011-9.014, 10.001-10.006 and Texas Rules of Civil Procedure rule 13. If you can truly show that the filing of the lien is completely frivolous, then you should be able to recover all of your fees, including attorneys fees, and travel expenses. I would first attempt to go thru the Attorney General's office, but chances are you will not have much luck there because of the massive amounts of cases handled by that office. You will probably have to hire a private attorney to file the appropriate motions.
If you should need further assistance you may contact my office.
Good luck to you.
Betsy F. Lambeth
512-255-7191
Re: Bogus child support liens
One thing to think about. Where were the children living? If they were in Alabama, the legal age is 19, not 18, so you will owe a year of child support.
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