Legal Question in Family Law in Texas
sole custody vs joint constody
What is the difference between joint custody and sole custody. I had a mod. done and was given sole custody and my ex is a conservator. Also he does not feel he has to pay child support due to when he had custody I was behind in CS. The attr and judge knew this when the modification was done.I was upfront about everything so that it would come back and biteme. He owes more in back owed CS than I did. Could he still take me to court over that. Seems kind of mute to me since he owes way more.
1 Answer from Attorneys
Re: sole custody vs joint constody
Sole custody conveys more rights to you in care, welfare and raising of your child than if you had joint. He has less. As to the child support, normally this is handled at the modification hearing, but since it wasn't, the law says you both owe child support. If he is not paying, then you need to file a contempt and enforcement action to get the child support. He will argue that you owe as well, and the judge will probably give him credit for your past arrearage, and order him to pay the balance.