Legal Question in Family Law in Texas
child support - moved out of state
hello,
1 child 9 yo. We all lived in CA and I rcvd 350 per month from father. When he agreed to let us move for my job to TX he cut the support in 1/2. I had to agree to be able to move. No court involved in agreement. We have not been to court since childs birth. We each make over 60,000 yrly now. Can I safely take him to court w/o him being able to make us move back? We (child and I) have been in TX 2 yrs.
Thank you
1 Answer from Attorneys
Re: child support - moved out of state
It's unlikely a court would make you uproot your nine-year-old child who has been settled here for two years, and particularly when the father consented to allowing you and your child to move here in the first place.
Also, an increase in child support is not grounds for the father to make the child move back out of state.
The state court that issued the original custody order maintains what is called "continuing jurisdiction", so you will need to file in your original state and in Texas to transfer jurisdiction if you want to increase the amount of child support.
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