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    shane1972's Avatar
    shane1972 Posts: 1, Reputation: 1
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    #1

    Dec 10, 2011, 06:24 PM
    Back child support in Texas.
    I have two childeren ages 21 and 19 now. I have always supported them. There mother and I were never married and parted ways when they were young. She got married and moved on with her life as did I. She never filed for support I just always gave her money (cash) and for a while I kept reciepts and then I just stopped keeping them. I have always wanted both of my children to live with me but, it always became a fight between the mother and I until my daughter was 13 and she wanted to come live with me. So from the age of 13 until she moved out at 18 after she graduated she lived with me. My son is 19 and currently living with me at the moment.
    Well two days ago I found out that she filled back child support on the kids and to say the least I'm blown away.. She will not talk to me or take a phone call. My children are upset along with myself.. I found out she is about to lose her house and her husband has left.. I have not slept in two days. Any advise will be helpful.

    Thank you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 10, 2011, 06:39 PM
    So many legal issues.

    I will assume that when the children lived with you, you never went to court and got custody of the children ? And of course you never filed for child support from her when you had the kids.

    Few states allow a person to file for back support ( I will assume Texas does, if she has done this)

    So you need to hire the very best attorney you can and figure out your defense and if you are gong to counter sue for support when you had them.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 10, 2011, 06:47 PM
    Texas does permit retroactive support (Texas Family Code - Section 154.131. Retroactive Child Support - Texas Attorney Resources - Texas Laws). But it is limited. Given the circumstances, I'm not sure if she will get it. But I would consult with an attorney.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 10, 2011, 07:09 PM
    My main concern is that during the time you had the children, she may have had actual legal custody of the children which allows her to file for support, even if you actually had the kids.
    Stupid yes but happens every day that the parent with the kids do not have them legally and the other parent gets paid support.

    So I would really need an attorney to answer any and all court filings.
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