Legal Question in Family Law in Texas

Re: Son living with father;mother still wanting child support

I assume that you did not go back to court to modify the child support order. Therefore, they still have you listed as the obligor. Consequently, it will involve a court action to determine if the court will reduce or dismiss the arrearages that they say is owing.

Re: Son living with father;mother still wanting child support

If I read this correctly, you never went back to the court to eliminate child support when you obtained possession of your son. Because to that, there is an "arrearage" on the support due from the most recent court order.

Theoretically, a judge cannot reduce or modify past child support arrearages, but it is a defense to enforcement of child support that "the obligee (the mother) voluntarily relinquished to the obligor (you) actual possession and control of a child".

Whether you are successful or not will depend on the facts of the case. Also, even though judges are prohibited by statute from reducing arrearages, they frequently do it if the circumstances justify it.

Also, remember that if the arrearages are large enough, the interest on them may exceed the original monthly payment. I have seen this happen in several cases.

Consult an attorney to determine your rights under the actual circumstances of your case.