Legal Question in Family Law in Texas

Support Modification

Original Divorce decree had no order for support (waived by both parents w/joint custody) child moved out of state with father -After no order for 11 yrs. Father requested support modification through court/mother paid - then less than 4 months after support was ordered child decided to go live with mother at 15 yrs. old - Mother requested new modification order -father is contesting that since mother did not pay for 11 yrs. he should not have to pay for 11 yrs. (which of course would only be three in this case since child is 15) If there was no court ordering support by the mother - is there legal support to fathers protest, all that I find in studies is if there was court ordered support previously? Thanks.


Asked on 5/16/00, 12:44 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Support Modification

failure to pay child support under an agreement in the first 11 years will not likely be a factor in the court's decision on the mother's motion to modify. The correct standard is what is in the best interests of the child. Ordinarily, this is a large hurdle to overcome for someone attempting to avoid child support because the court will very likely consider that the child would be better off if the custodial parent was receiving child support.

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Answered on 7/05/00, 5:04 pm


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