Legal Question in Family Law in Texas

permanent custody orders joint conservartorship and child support

March 1999 the father and I were given joint

conservatorship of our son. Prior to this ruling child

support was filed and granted in 1995. I voluntarily signed an affidavit to stop child support paid to me (although granted in the custody orders) to ease tension between the father and I. After signing the affidavit (in the presence of the father) child support is still being withheld from his fathers pay.The father is very upset and has called me at 2:20am screaming and cursing. I am trying to make peace but all efforts have failed. The custody battle was extremely hard on me and my son. However I believe that I must take action on his fathers irrational and erratic behavior. Is there any way to settle this on my own or will we have to return to court? Given his fathers alcohol abuse and the fact that he leaves him alone, (my son is 10yrs old) do I have grounds to contest the exsisting order?


Asked on 6/24/00, 5:39 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: permanent custody orders joint conservartorship and child support

1. Child support belongs to the child, not to you. You have no legal right to attempt to circumvent a court order by an affidavit, nor to voluntarily disclaim your son's legally-ordered support.

2. You must return to court or else stipulate [agree] to a change in circumstances in order to change the existing court orders concerning custody and support.

3. Consult your divorce attorney for further details.

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Answered on 9/05/00, 9:26 am


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