Legal Question in Family Law in Texas

There are two issues. One is how to deal with the back child support and the other is how to deal with the current child support obligation.

BACK SUPPORT

In Texas, the ONLY ONLY ONLY way to change child support is through a court order. An agreement between the parents, whether written or verbal, is not valid. Most recently, the Texas Supreme Court heard a case where a mom and dad agreed that he would relinquish is parental rights and his child support would end. Dad signed the paperwork giving up his rights and quit paying support. AFTER the children turned 18, mom sued dad for all the child support he never paid. Dad said, We had a written agreement. The court said, yes you did have an agreement, but mom never filed all the paperwork to terminate dad's parental rights. Unless a court orders that the payments are paused, stopped, or reduced, then the child support payment continues and can be collected.

That was a disgusting outcome in a lot of ways because dad clearly did not intimidate mom int agreeing to stop child support. He gave her what she wanted (a signed affidavit of relinquishment) in exchange for what he wanted (and end to his child support obligation).

This is similar to your husband's signed agreement (now lost) that he would not be responsible. That's just not the law works in Texas. It's not fair in some circumstances, but that is how it works. Also, the court does not have the authority to forgive the arrearage in these circumstances.

So, under the facts as you've described them, he's stuck with the arrearage and the **arrearage** money should go to the horrible mother.

CURRENT SUPPORT

Your husband could contact the Office of the Attorney General and let them know custody has effectively changed and that CURRENT CHILD SUPPORT (not the arrearage amount) needs to be redirected to the children's current caregivers. If your husband is on Social Security disability, then the children should be getting checks from Social Security. Whatever amount the children have received should be subtracted from your husband's arrearage and however much they continue to receive should be subtracted from his monthly child support obligation.

I'm sorry your step-children have had to endure this horror. Best wishes for a brighter future for them.