Legal Question in Family Law in Texas
Retroactive Child Support
My son, that has been living with me, turned 18, but I have a daughter that lives with her mother, we have joint custody. Now my ex-wife wants to change the amount taken out of my check, but she has not filed any paperwork to date. She hire a lawyer back in April, that lawyer requested W2s and recent paystubs from me which I sent to her directly, and I have never rec'd any modification information to review. Today I got an email from my ex-wife stating that her attorney was tied up in another case and that she needed up to date financial information from me, and that we needed to do this asap because the longer this took the more retroactive money I would have to pay her. I guess she is claiming that when my son graduated in June, that the new child support amount should take effect the 1st of July, the first full month after my son's graduation, but she has not filed anything. Why should i have to pay her any retroactive child support, since she and her lawyer did not file anything in a timely manner? I am not disputing that the child support will change, but logic tells me that nothing should change until the decree is modified, and that date should be the new starting point.
Thanks.
Patrick
3 Answers from Attorneys
Re: Retroactive Child Support
She can only increase your child support from the date she files the modification!!!!
Hire an attorney so you make sure you know Texas law.
I'm LOL - laughing out loud!
Re: Retroactive Child Support
I agree with you, but you should consult with an attorney to go over all the facts.
Re: Retroactive Child Support
Just to amplify Mr. Nance's answer - obligation for child support ends at the age of 18. Any arrears not confirmed by judgment by that time is lost. I don't think you need an attorney, but your X might need a malpractice attorney.