Legal Question in Family Law in Texas
Child Support for Meg
After more than 13 years, my step daughter came to live with us in March of 2001. We waited until she felt she was sure she wanted to stay before we filed for child support from her mother. We receceived the first check this month(April 2002). Now, ''out of mother inflicted guilt'', she may be moving back to he mom's.
Question: Can we be allowed 13 months with out paying child support since my step daughter lived with us for 13 months with no expense to her mother?
At the end of the 13 months the child will be 18. In all the years she lived with her mother, child support was paid on time every months. Thanks for your help.
1 Answer from Attorneys
Re: Child Support for Meg
My answer is based on the belief that there has been a modification of the final decree of divorce. Apparently you (aka "the other parent") have custody of the child and an order for the mother to pay your child support.
Based on those facts in the above-typed paragraph, the mother would have to modify the last court order and have herself declared the custodial parent and ask for child support from you.
If the child goes to live with her Mom, why not wait and see what happens.
It is familiar story regarding teens moving back and forth between parents. Before you rush into anything, see if her move back to her mom's house is going to work.
Apparently you are not under any order to pay child support at this time.
However, even though you did not get support for 13 months, it does not mean that you avoid child support if a court orders you to pay it.
Good luck.
My office phone is 713-847-6000. Be sure to let me know you found me on lawguru.com. I practice law in the Harris county courts.
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