Legal Question in Family Law in Texas
ok, so can I file the counter claim to request a credit to my child support arrerage from the court due to living ( co-habitation) with my ex myself? Or must I pay an attorney for this? Also.. my child suport was set in Texas, however my ex moved to GA and filed for the back support owed there. GA is currently garnishing my wages. Thank you
1 Answer from Attorneys
If Texas law is being applied, you need to make your claims for reimbursement in your "original answer" to the charges. If you have already filed an answer and didn't raise an affirmative defenses or raise the issue of credits, then file an amended answer raising affirmative defenses and other claims allowed under section 157.008 of the Texas Familiy Code.
Being found in contempt of court for child support is a big deal and can involve jail time. Don't do this on your own. If you are indigent, tell the judge that you want a court-appointed attorney. If you do not qualify for a court-appointed attorney, then go hire one. There is no effective DIY stay-out-of-jail strategy.
If you represent yourself and this is your first child support case, you probably won't go to jail whether you have an attorney or not, but without an attorney, you will definitely be set up to go to jail the NEXT time you get behind. A good attorney has a good chance (but no guarantee) of keeping you from getting set up for next time.
Good luck!!