Legal Question in Family Law in Texas

I am currently pursuing child support from my children's father. I reside in Texas, and he is in New York. We went through our divorce in New York and a child support order was instituted. While in NY, I received an opportunity to relocate to Texas for work. My then ex-husband requested I release him of child support arrears, then he will permit me to relocate with our 3 children. Since we shared custody, I needed his agreement.

I granted him this request and relocated. In our parting verbal agreement, I agreed to lowering his continued pymts so that he can save in order to and visit the kids a few times a year...his savings would go to travel fees. As a result, I began having difficulty receiving regular payments, to eventually receiving nothing.

Our oldest 2 are now 22 and 20 years old and I have for about 5 years now been pursuing out of state the reinstating of the original order. My 20 year old moved out just in Nov of 2013, after becoming pregnant during college. My 22 year old has been at home attending college. And my 17 yr old son (turning 18 on May 25th), is a senior preparing for college this fall.

I am having trouble receiving feedback from the TX office that is working my case, and can never get any response from the NY office

Questions:

-Do I still have rights to receive back child support, at least from 2008 when he stopped paying even our agreed lowered payments?

-Why are the NY courts asking for MY financials seemingly every other month after I have provided it the first time asked?

-Why are the courts allowing him to supeona my bank records? How is this serving the case?

Thank you for any information you can provide.


Asked on 5/21/14, 9:28 am

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

1. Back child support: Yes.

2. Why NY asking for financials: Who can explain why the IV-D agencies do what they do?

3. Allowing bank records: You could have contested the subpoena and should have prevailed if you did.

Frankly, you need a private attorney. I know you probably don't have much money, but private attorneys in child support cases pay for themselves (you do have to pay upfront) because they will get more money than you can get on your own, they can stop harassment, and they can get the other parent to pay you back for your legal fees.

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Answered on 6/03/14, 4:34 pm


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