Legal Question in Family Law in Texas
Child Support Paid for child living with parent paying
My husband pays child support to his x-wife for his son who has lived with him since the divorce. How can this be stopped? It is unfortunatly in the decree that all 3 kids live with mother, but he never has. Can we file for back support on him as well?
1 Answer from Attorneys
Re: Child Support Paid for child living with parent paying
Your problem is more common than you would believe. You have to go to court to get the situation changed. The document filed is a Motion to Modify in a SAPCR. You cannot change the past - just the future. If your spouse is behind in child support, he can get arrearages reduced but if he is current, he is stuck. Child support will change if warranted, and the start date will be the day the ex is served with court papers, or the day the parties go to court. An attorney may appear expensive but add up the money over years and you will realize the price is cheap. Good luck.
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