Legal Question in Family Law in Texas
child support judgement
my brother's first wife got a child support jugdment 20 years ago based on a lie [she lied about his salary]. He was overseas at the time. Now his kids are 25 & 30 & there is a judgement against him that takes pretty much his whole salary & he can't sustain himself so he has moved in with our sister and I am raising his child from a second marriage.
he has not earned in his lifetime as much as this judgement is against him & he has no money to hire a lawyer. he is now 61 yo.
while we live in texas the child support case was in missouri.
my question is: How do we proceed to change this? What court, etc as I would like to try to help him if I can.
he basically has had most of his paycheck taken for the last 20 years but the judgment is so large he is overwhelmed [6figures].
He was ordered to pay more each year than he has ever made each year.
he didn't deal with this [obviously] because he had no money, but would like to help him.
how/where do we go about correcting this situation?
1 Answer from Attorneys
Re: child support judgement
In a Texas court, there is very little that you could do, since it is a collateral attack on the judgment. Proof the deception would be necessary, and even then would be an uphill battle.
Actually, however, he does not have a problem in the Texas courts (except that they are enforcing the judgment). If there is a way to attack the original order, it would need to be done in the Missouri court. You should repost your question under the Missouri Law tab in the questionnaire. Possibly a Missouri lawyer will be able to help him. Good luck.
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