Legal Question in Family Law in Texas
My ex husband recently filed a lawsuit for 50/50 custody and no child support. We settled this past July 2012 and a part of that , I agreed to a small reduction in child support. It appears that his attorney did not file the order until December of 2012. His attorney sent me a letter stating I owe this back logged amount . I know I have to pay this , but what should I do in the meantime? Am I obligated, to write the check now? Should I wait until they file a motion? Obviously , my attorney is no longer on retainer as we settled all of this in July.Because I had nothing to do with filing the order with the judge in an untimely manner, I am confused by this since it was not my mistake. Appreciate your input.
1 Answer from Attorneys
You owe the money back to the effective date listed in the decree. This should have been clear at the time the matter was settled. If you wait until they file an enforcement motion, you will incur additional attorney fees (your and probably hers too), possible fine, jail and court costs. Pay it now if you can, if you cannot, then pay the current support and add $ to it each week/month until you are caught up (understanding that the AG is adding interest and handling fees.