Legal Question in Family Law in Texas

First , I live in Texas, my ex in California, November 2010 child support was modified and increased. I was paying $700 plus $50 toward arrears. $750total. Now I have been ordered to pay $1150 child support and $50on arrears. I have bben doing this. I have two kids with her. I am remarried with a third child with new wife.

Today, I get another modification from California child support which states my ex is now wanting to increase or get the full arrears. Im so confused. I live pay check to pay check, I have no bank account, no savings and I do not own a home. I also support my step daughter. The new amount is hard on my family but we pay it. Can she really modify when ever she wants? If I pay more it could mean I could lose what I have here and be on the streets. Im not a dead beat Dad and I have been paying on time for many years, She also refuses visitaion period! I am not allowed. She has moved in with a new man and has a good life but I cannot see my kids. Please give advice.. My kids that live with me now suffer but with out complaining... Please help


Asked on 3/03/11, 4:52 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

I can't answer as to CA law. But in TX, the full amount of the arrearage is collectible at any time.

However, in TX and perhaps in CA, visitation and support are two independent obligations. She has to let you visit as per the order whether you pay or not. And you have to pay whether she lets you visit or not. So you could probably file a motion to enforce the possession order by contempt and see if that levels the playing fields.

You need a California attorney.

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Answered on 3/10/11, 9:24 am


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