Legal Question in Family Law in Texas
Divorce granted, custody of 2 boys by mother but when divorce papers were served and finalized, one son was living with non-custodian parent and grandparents and friends of the family and never went back to live (except for visiting 3-4 weeks in the summers) with mother. Mother did not contribute to son's living expenses (nothing) for the next 3 years except for the 3-4 weeks in the summer until son went back to live with mother when he was 20 after graduating from High School and continuing to live with grandparents for 9 months after High School. Mother is taking father to court for back child support payments for both children. Youngest son, 19, just graduated from High School in June, 2011, oldest child (now 21) graduated from High School in 2009 at age 19.
Is Mother entitled to child support payments since she had one child and the father/grandparents had the other child for the last 3 years (because the oldest son refused to live with her). If so, would it only be for from the time the oldest child graduated from High School and the younger child graduated and then only for 1/2 of the amount that was in the original divorce decree? since she only had 1 child and not 2.
1 Answer from Attorneys
You have a complicated situation, and you need a lawyer.
The bottom line is: You didn't modify the court order when you (and Mom) decided that one child would live with you. However, you are entitled to "possession credit," to be calculated by the Judge.
AND you need to file a motion to modify IMMEDIATELY, asking the court to change the order so that it reflects reality.
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