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My son got married was blessed with a child , they diveorce and child support was order ,but she got pregnant and have twins and never file for child support will the oldest child will be 18 in a few months now she file for clid support for the twin, he don't mind paying it ,but thinks they shouldn't be able to go back 12 years.She said that the reason was that she could draw more money filing it this way. Oh we live in Texas
If it was never filed then it should go back that far. Was the first order just for the one child?
Generally, support cannot go back to birth. Usually it goes back to when the support request was filed.
I'm a bit confused here. So your son was paying support for the one child but not for the twins?
The answer is yes... she can file even the child is 18 y/o. Child support is one of the debts that cannot be wiped out when you file bankruptcy.
Yes that is correct ,he only paid for the oldest for 12 years now its only now that the support is going to run out on the oldest that she said she wants support for the twins but she file for divcorce she was pregnant with the twins, and in the state of Texas you can't get diveorce when your pregnant but her friend and LAWYER did it any way . Reason for the diveorce she was messing around on him so he doesn't know if they are his but he has cared for them and gave them his name they are a very big part of his life .like said she didn't file before because she didn't want to she wanted to wait to get a large back pay bulid up
Do you have any proof of this with no support order ever being filed?Quote:
Originally Posted by lawanwadee
Texas Family Code - Section 154.131. Retroactive Child SupportQuote:
Originally Posted by frame29334
(a) The child support guidelines are intended to guide the court in determining the amount of retroactive child support, if any, to be ordered.
(b) In ordering retroactive child support, the court shall
Consider the net resources of the obligor during the relevant time
Period and whether:
(1) the mother of the child had made any previous
Attempts to notify the obligor of his paternity or probable
Paternity;
(2) the obligor had knowledge of his paternity or
probable paternity;
(3) the order of retroactive child support will impose
An undue financial hardship on the obligor or the obligor's family;
And
(4) the obligor has provided actual support or other
Necessaries before the filing of the action.
(c) It is presumed that a court order limiting the amount of
Retroactive child support to an amount that does not exceed the
Total amount of support that would have been due for the four years preceding the date the petition seeking support was filed is reasonable and in the best interest of the child.
(d) The presumption created under this section may be
Rebutted by evidence that the obligor:
(1) knew or should have known that the obligor was the
Father of the child for whom support is sought; and
(2) sought to avoid the establishment of a support
Obligation to the child.
(e) An order under this section limiting the amount of
Retroactive support does not constitute a variance from the
Guidelines requiring the court to make specific findings under
Section 154.130.
Was the divorce finalized BEFORE the twins were born? If not, then they are legally his. Or, if he acknowledged them, he has been designated the legal father and there may be no way to change that at this point (seems he doesn't want to anyway).
Texas does permit retroactive support:
Welcome to TX Access
As noted on that site the courts will rarely go back more than 4 years. If he can show he has been contributing to the twins upbringing beyond the support he paid for the older child, they may limit it even further.
§ 160.201. ESTABLISHMENT OF PARENT-CHILD RELATIONSHIP
(b) The father-child relationship is established between a
Man and a child by:
(1) an unrebutted presumption of the man's paternity
Of the child under Section 160.204;
§ 160.204. PRESUMPTION OF PATERNITY.
(a) A man is
Presumed to be the father of a child if:
(1) he is married to the mother of the child and the
Child is born during the marriage;
(2) he is married to the mother of the child and the
Child is born before the 301st day after the date the marriage is
Terminated by death, annulment, declaration of invalidity, or
Divorce;
§ 160.607. TIME LIMITATION: CHILD HAVING PRESUMED FATHER.
(a) Except as otherwise provided by Subsection (b), a
Proceeding brought by a presumed father, the mother, or another
Individual to adjudicate the parentage of a child having a presumed
Father shall be commenced not later than the fourth anniversary of
The date of the birth of the child.
(b) A proceeding seeking to disprove the father-child
Relationship between a child and the child's presumed father may be
Maintained at any time if the court determines that:
(1) the presumed father and the mother of the child did
Not live together or engage in sexual intercourse with each other
During the probable time of conception; and
(2) the presumed father never represented to others
That the child was his own.
Thank you Scott,I just do not think its right for people to do this kind of thing. If you want child support when file as soon as you have them don't wait for the support to build up so much that it puts people in trouble ,such as getting license renew ,passport may be someday they will pass a law preventing this from happing to hard working people
Having said that your husband is presumed to be their father/§ 160.204./, he had four years to rebut that presumption
Now he may be ordered to pay retroactive child support for 4 years but it is not mandatory and it will be at the judge's discretion.
Quote:
Originally Posted by frame29334
Quote:
Originally Posted by frame29334
That's the reason some men to consult with lawyers and accountants ;)Quote:
Originally Posted by frame29334
Gv70 your answer to why she is using it as a bank account .
She had the children ,my son was paying support for the oldest ,but she Never file for support on the twin, she told him that she would have control of him for forever, She works for a police department in Texas and has pulled ever trick in the book on him.yes part of this is his fault for not going up there and filing himself, Hell this is a woman that 2 day after their paper where sign she when and apply for a credit card and ran up a very large amount before he could get it stopped.she told him that she would make sure that he couldn't afford to do anything unitl the twin where of age.she told someone that if she didn't file on the twins that after the oldest was of age that she would get back pay for two for 12 years and then pay for 6 years for the twins in stead for pay for 3 for all these years With her its all about the money!! She told her oldest that if she wanted to live with her daddy that never to call or try to contact her again Now is that any thing to tell a 10 year old little girl that is what kind of person she is ,
If you read the law as GV posted, it appears that TX agrees with you:Quote:
Originally Posted by frame29334
(3) the order of retroactive child support will impose
an undue financial hardship on the obligor or the obligor's family;
and
So TX law does take these and other factors into consideration when determining whether to award support retroactively or not. In this case, I doubt if they will. But I believe they will order support for the twins to commence as of the filing date. So he should start saving money now.
I have to repeat myself:Quote:
Originally Posted by frame29334
He may be ordered to pay retroactive child support for 4 years but it is not mandatory and it will be at the judge's discretion.
Do you have any proof of these statements from her? Texas is a single party consent state. So he can record her phone conversations without her consent. If he can prove to the court that her filing is vindictive, it would probably not go well with her.
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