Legal Question in Family Law in Texas
I am currently receiving child support for my 18 year old daughter. She just turned 18 in Oct but she ran off to another state. Her father is asking me to sign papers to stop the child support and threating to sue me. She left in Oct and I have been sending her a portion of the child support and sent her personal items and clothes. What should I do? She is enrolled in school in this other state norfalk va, and I live in Grandprairie TX. I am currently unemployed and cant afford legal assistance. He has an attorney and threating to do this in the next 24 hours. Today is 11/18/10 and he is scheulde to file this action against me on 11/19/10. Please help!!!!!!!
1 Answer from Attorneys
Your question posted on lawguru.com on 11/23 so obviously it takes a few days for this site to post questions.
Sorry!
Take a deep breathe and calm down.
He will need to serve you with legal papers and set a court date. That is going to take a few days. If a sheriff or private process server shows up with papers, just take them. The papers will have a date that you will need to appear in court, just show up on that date.
If possible, show up in court before that date and observe the court.
Go to my blog and read about what to wear in court. www.txfamilylaw4u.blogspot.com
or I've answered a lot of questions over the years on this website & on www.avvo.com.
There is pro bono (free) legal assistance available in many counties. Look on the State Bar of Texas website for a referral. I don't know what county you live in. You can also look on my website (www.familylaw4u.com) for links to pro bono websites. Go to any major search engine and type in your county. DO NOT TYPE IN LEGAL AIDE! THAT IS A RIP-OFF FIRM LOCATED OUT-OF-STATE THAT CHARGES PEOPLE & IS BEING SUED BY SEVERAL PEOPLE! THERE IS NO SUCH THING AS 'LEGAL AIDE' IN TEXAS!
You might look for Lone Star Legal in your county. That is the statewide agency in Texas. Many bar associations offer pro bono services. You will need to look in your county. Some law schools also offer pro bono services.
Your ex-husband can hire an attorney and bring you into court. He can threaten you with all sorts of things. It sounds like he wants to stop his child support.
However, you will be allowed to show that she is still attending high school and that you are sending her money.
Even if she is over the age of 18, under Texas law the father is supposed to support the child until the child graduates from high school.
However, it is presumed that the child lives with the mother while the child is still attending school. Since the child no longer lives with you, then you are no longer supporting her. You should be able to show evidence to the Judge that you are sending your daughter the money that her father is sending you.
You will to show evidence that your daughter is enrolled as a full-time student in high school and that she is working toward a high school diploma. You will need report cards, attendance reports, etc. You need to be able to show that she is really a full-time student.
I hope all this information is helpful.
Good luck!
Happy Thanksgiving.