Legal Question in Family Law in Texas
Posted another question a few days ago . One child went to live w/ ex , and one child has decided to stay here with me . I have legal custody of both .
New question is . I have a current c/s order that my ex is to pay so and so amount per month . Usually he pays through the OAG center on a weekly basis . And it usually shows it posting on Monday . And as of right now it has not ! Which leads me to believe that he ONCE AGAIN . He is choosing not to pay at all ! Since one child has moved back with him . Doesn't he still have to pay until the c/s order is modified ? And since I make less income , will he have to pay a lowered amount of c/s ?
I do not want to sound money hungry . I am not ... I've waived past due c/s on him not once ...but twice . In 2002 (13,000.) & Oct. of last year (same amount almost) . I and our children have suffered . Should he still have to follow current orders ? Till they are modified ? And if he does not , what should I or what can I do ? I need to buy school clothes . And not getting ANY c/s is putting a big burden as other bills are due ...Like this crazy a/c bill .... LOL
1 Answer from Attorneys
He is bound by the child support order in place, until it is modified. HOWEVER, if you sent a child to live with him by agreement, without addressing the child support issues at the same time, knowing his track record, ... you knew or should have known this would happen. Hire a lawyer, or badger the AG to get the situation straightened out. If you do not reach an agreement, you will both be obligated to pay the other one 20% of your net income.