Legal Question in Family Law in Texas
Child Support Back Pay
My exBoyfriend has lived in California for the last 10 years and recently I asked an organization called support kids to manage the situation. They track down the nonCustodial parent in efforts to get him to pay the backpay. There payment is 30 percent of what I'm awarded from the nonCustodial parent. So it would seem I can be confident they will be efficient in getting payments from him.
My exBoyfriend has just let me know today that he wants to take me to court to prove I am an unfit mother so that he will not have to pay the $22,000 of backpay he owes me. He even claimed that I was recieving his income tax returns over some amount of years. But the attorney general can attest that I only got one check for $700.00
In fact, he wants me to set up a court date for the trial.
What advice do you have to offer? I wanted to give him guardianship so he can finally be a father to his son. God knows he needs a father in his life right now.
Am I making a mistake in giving Franky Jr (his son) to his dad thru guardianship?
Should I have taken the $5,000 he offered to settle with me?
Can he weasle out of paying the backpay by quiting his job or some loophole that he can find?
1 Answer from Attorneys
Re: Child Support Back Pay
You have a series of complicated questions that cannot be adequately addressed in a quick email. You need to consult with an attorney. Each situtation is different and there is no blanket answer that can answer your questions.
You need to be aware that he was ordered to pay the child support (and even if he proves you an unfit mother) and something in the future does not relieve him of this previous obligation.
Also, the Texas Attorney General is involved in this case and you cannot settle anything without their signature approving your agreement!
You need to consult an attorney about your rights.
Be advised that the Texas A G office is appointed to represent the interests of the State of Texas -- not you or the father of the child!
I strongly urge you to do so.
Fran Brochstein
www.familylaw4u.com
713-847-6000
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