Legal Question in Family Law in Texas
My husband Divorce for 29 yrs from his x wife state of Texas, they have 2 children the one passed away 18 yrs ago.
My husband paid child support direct to his x wife, although he was supposed to pay direct to the clerk of court in Georgetown. At his daughter wedding in Mar of 88 he found out about the requirement to pay to the court. He send to a judge in the Williamson County court this proof of his payments. Nothing else was heard of for the past 20 years. This yrs he receive letter from Attorney General office after 29 yrs regarding child support they said my husband had debt $50,000 of which $32,000 was interest for child support.
My husband called to the bank to ask his record the proof he sending money to his x wife by check. But the bank said they didn't keep longer the record only 7 yrs. The garnishment effect last June 6, 2010 $1041 every month. his son now is 40 yrs old.
It seems reasonable that if the support had not been paid a case would have been open a long time ago. What will we gonna do to stop this garnishment? cause the proof he had are gone now. My husband now are 66 yrs old and don't have income only from his retirement..
1 Answer from Attorneys
You need to hire a good lawyer in the Texas county where the last child support order came from.
There is an opinion (which has itself been appealed to a higher court) here in Texas which indicates that the statute of limitations on collecting child support is ten years, because the Family Code says that each unpaid payment is a judgment.
In another vein: If he sent something to a court in William son County in 1988, it may still be a part of the court's record, and you might be able to get access to it.
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