Legal Question in Family Law in Texas
My son is 18. We all live in Texas. I have been paying an agreed amount of child support and provided insurance for our son, to my ex girlfriend for the past 14 years. There has never been a court order and she has never sought one until 6 months before his 18th birthday. She had me served with papers that she is suing me for back child support. We then established paternity and temporary terms were put into place,that I have followed to the letter.
My question is if there is any merit to this suit as she has cashed the checks all along and never sought the help of the state. Does she have a chance here? I also have a paper that she wrote in 2002. In her hand writing, the paper reads that I have always paid enough child support and provided health insurance for our son, It is signed by her and notarized.
Will a judge give this any time? Or will he say that it latches that she cashed the checks and throw this frivolous suit out?
2 Answers from Attorneys
It's very important that you round up all of your documentation for the child support you've been paying - canceled checks, check registers, bank records, receipts, etc. A $400 receipt that's missing could cost you $400.
The judge will not "throw out" the lawsuit. He may deny her request for retroactive child support, though.
I would hire an attorney to make sure that all evidence gets introduced.
It is not a frivolous lawsuit. However, it sounds like you've supported your child. Therefore, you should receive credit for what you have done.
Good luck!
Please email me the results...I'm curious to know what [email protected]
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