Legal Question in Family Law in Texas
My husband has a divorce that had been final in MI. the kids and his ex wife now live in Texas and we are in AZ. MI never modified his child support as they should have in 09. In essence now he owes back child support due to him having less income now. Texas took over now to modify the support so we have been waiting to have this resolved now again since 4-10 and they say they are backed up. Once they review my husbands case and can see that he is not making the money as he used to and see when he originally filed for modification will they credit him the arrerages that he now owes? i also wondered if your office is a legal aide office?
1 Answer from Attorneys
Whe you say "Texas took over now to modify the support" I assume that you're talking about an Attorney General case.
A court's ruling in a modification case will state (1) how much the modification should be and (2) how far back it should go - when the change will be effecitve. The court can go back all the way to the date the other party was served or made an appearance in the case.