Legal Question in Family Law in Texas

Re: Child Support

You should be able to recover the back child support in full, and its unlikely a judge will force visitation, especially if the child's therapist will testify that visitation would not be in her best interest.

Re: Child Support

Depending upon the exact language in the order, the child support and the possession are enforceable separately. Regardless of the amount of possession, the father would be requried to pay the proper child support and possibly be held in contempt of court if he failed to do so. Lack of relationship is no excuse. You can go to court to collect your past due support and even ask the court to increase the support if it does not reflect his actual income.

He would be able to enforce the possession order. Usually these are more difficult if they don't specifically spell out travel arrangements and costs. Unless there is another problem (such as abuse, etc.) it is likely that the judge would order a twelve year old to go to possessions and might hold you in contempt if she did not. If the current order does not provide the details necessary to allow possession, either parent can ask the court for a clarification or modification of possession to supply those details. The key to the possession issue would probably revolve around the facts that led a therapist to recommend ceasing possessions. Even if possession is allowed, it might be restricted until the father and daughter can become reacquainted. Of course, if there is some serious issue such as abuse, then that could change this answer significantly.

Re: Child Support

Your ex-husband may have a defense to a child support enforcement suit that you would bring through the AG's office but you could try your luck. It's hard to answer a black/white question without knowing the full facts of your case and so the best answer is: it depends. As for your child, she can sign an affidavit stating where she wants to live. Remember that the father is still obligated to support his child whether he visits or not but may be able to use the cost of the travel to offset it. As always, do not rely on quick questions and answers to decide whether you have a case but be prudent and contact an attorney.