Legal Question in Family Law in Texas
waiver of child support
my mother abbandoned me after she took custody, when my dad and her divorced. she left me with my grandmother. when my dad paid child support thru the court, she would come and take it. so he stopped paying thru the court and just supported my sister and i by buying our school supplies, clothes etc.(whatever) we needed. he has always been there for us. sometimes we stayed with him and sometimes with my grandmother. he has never had the money to pay a lawyer to change the order for child support. the courts now state he owes 74,000.00 in child support. my question is, now that we are of age, is there a waiver we can sign to relieve him of what they are saying he owes?
4 Answers from Attorneys
Re: waiver of child support
You as a child cannot waive child support. Your father has defenses but he must file suit in court to assert them. Your grandmother who raised you can help a great deal. If Your father lives in DFW area he is welcome to call me at 817 261-2671
Re: waiver of child support
Your question is a great one. Persons obligated to pay child
support often tell me the other party was wasting it or not
spending it on the kids so I just quit paying it. First, why did your
grandmother allow your mother to do this for so many years?
Second, Is your case in Texas? The Attorney General has become
very aggressive in collecting child support. Your father should hire
an attorney as soon as possible because interest continues to
accrue on that amount and it will continue to grow. Call us if you
need more assistance 281-485-0990
Re: waiver of child support
Your question is a great one. Persons obligated to pay child
support often tell me the other party was wasting it or not
spending it on the kids so I just quit paying it. First, why did your
grandmother allow your mother to do this for so many years?
Second, Is your case in Texas? The Attorney General has become
very aggressive in collecting child support. Your father should hire
an attorney as soon as possible because interest continues to
accrue on that amount and it will continue to grow. Call us if you
need more assistance 281-485-0990
Re: waiver of child support
What a raw deal!!! This sort of case is why I am so disgusted with the way the child support laws are written and enforced. The law ALSO says that the recipient of the support is only supposed to spend on the children. But no one *ever* enforces that.
Your father seriously needs to hire counsel to fight this off--and even then, he may not succeed. And since child support is not dischargable in bankruptcy, he'll get no relief there. It is going to take some creative lawyering because the law generally says amounts not paid through the court are considered "gifts." However, some equitable remedy may be found since this case screams UNFAIR.
I'm in Austin and if your dad is, then tell him to call me. I'm tired of seeing men take it on the nose in family court!
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