Legal Question in Family Law in Texas
Divorce decree filed in Washington. Non-custodial moved to Texas. Texas takes over jurisdiction & Washington closes case. Custodial parent moves out of Washington. Children emancipated at 18 (not when they graduate per wording of decree as well as explanation from Washington (Texas also recognizes emancipation per order of Washington). Child now 18 and emancipated. Texas closes case and no further child support payments being made. Custodial parent now wants to modify decree to state support continues through high school after emancipation already took place. Now wants to submit medical & education expenses. Custodial never sent bills for reimbursement before emancipation, and still has yet to do so, but threatening court action, as well as contempt on NC Parent. What are NC's rights?
1 Answer from Attorneys
Custodial parent can attempt to modify -- but it does not mean that it will be successful. If custodial parent files a lawsuit, you will need to defend it & claim that the child has reached the age of 18.
The custodial parent might be out trying to find an attorney willing to take the case & trying to find a jurisdiction sympathetic to custodial parent's claims.
This is what I learned in law school - anyone can sue you at any time, for any reason, for any purpose -- BUT it does not mean that they will be successful in the courtroom! For example, I could sue you for child support of my child but I would eventually lose since you are not the father of my child - but you would have to defend the lawsuit in a court of law to prove that you were not the bio father of the child.
Good luck!
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