Legal Question in Family Law in Texas
Modify Child Support payments/ Termination of Parental Rights
My husband's ex-wife and he married, lived, & divorced in TX. Afterwards, he moved to Louisiana. After the move, she changed her name, number, and moved. He did not see or speak to his kids for 2 years, but he recently found them. He is tens of thousands of dollars behind in support. She has turned his case into the TX Attorney General. When child support was ordered he made a much larger amount of money than he currently does, she has also since re-married and now has a two person income. To have payments modified, can he file in LA, or does it have to be TX? What would be the first step?
Of course, because of the 2 year lapse, his children (10 & 7) now want nothing to do with him. She has said that her new husband wants to adopt them. If parental rights are terminated, is he still responsible for child support payments? Thank you for any help you can give.
4 Answers from Attorneys
Re: Modify Child Support payments/ Termination of Parental Rights
Based on the situation you describe, any La. attorney should defer to the advice of Texas counsel.
Re: Modify Child Support payments/ Termination of Parental Rights
Your question is complex. Does your husband understand the full implications of termination of parental rights? He will never have the right to see his children again EVER. He will not be entitled to know if they are sick or even if they have died. It is the death of a family. All ties are severed. He will still owe the past due child support plus interest. He risks jail time for contempt of he fails to pay. After a termination order has been signed he is still at risk of jail for failure to pay for another 6 months under Texas law. Since he owes more than $10,000 he is also subject to federal prosecution. If he wants to modify the amount of support, he must come to Texas to do that. The court where he got his divorce has current jurisdiction. If the children have moved to a new county the case can be transferred there. This is a very serious problem with serious consequences. Make sure he does not fail to appear in court if he has been served with a "Show Cause" order. This is a very serious matter.
Re: Modify Child Support payments/ Termination of Parental Rights
If Texas A G has an active case against your husband, then you need to deal with them.
You cannot ignore this!
If she is in Texas with the children, then Texas continues to have jurisdiction over the case.
Here is the bad news -- if the last order has not be modified then he owes the money plus interest. I strongly urge him to not ignore this matter. The money owed will only get larger.
I handle cases in the Houston Texas area, please call me for a free 15 minute phone consultation if you are interested.
Good luck!
Fran Brochstein
713=847-6000
www.familylaw4u.com
Re: Modify Child Support payments/ Termination of Parental Rights
If his rights are terminated (and all this including any modification would be done in the county of the divorce, or where the children have been living), he would still owe child support through the signing of the decree of termination. He is in a formal proceeding and must behave formally. To formally change his child support, he should file a motion to modify.
http://www.reasonable-doubt.com
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