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child support
Sent to Legal Experts May 09 07:54 PM

I have a daughter who is currently 14 years old. I divorced her father when she was 3. He was required to pay child support and insurance and half of medical bills. The divorce and custody (I have sole custody - he has visitation) was done in TX. In that state when the child is 11 she can decide where to live. When he asked her to move with him on her 11th birthday she refused and he stopped paying child supposrt and canceled her insurance. She has since decided not to visit him at all - so the custody papers are not being followed because he has the rights for certain visiting times. He is a bit irrational and I do not want him to try to sue me for sole custody, therefore I do not want to take him to court right now. What i was wondering is if when she turns 18, can I sure for back child support? He was supposed to be having his wages garnished for the money to be sent to me but he changed jobs and never informed the state. What are my rights or options.

 

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guilford, Vermont

Already Tried:
nothing

Customer (name blocked for privacy)
Answer
May 9 9:44 PM (1 hour and 49 minutes and 21 seconds later)
         
ACCEPTEDCheck Mark

You have nothing to worry about, as far as losing custody of your daughter.

Courts look at the best interests of the child. In your case, we have a loving mother who the daughter has lived with soley for the last 11 years. And in the other corner, a father who does not pay child support or see his daughter 3+ years.

Your options -

  • Call the Texas Child Support Division (assuming he is still in Texas?) or Vermont if that is the case. Here is the form to get started on getting his wages garnished in Texas. https://childsupport.oag.state.tx.us/index.htm?ENGLISH=English
  • Do nothing. You have your daughter which is truly the most important thing. When she turns 18 you most definitely can sue for back support/insurance. ESPECIALLY if your daughter is off to college, as he may need to continue to pay support until she is done with school. There is no statutue of limitations on child support in Texas.

You seem to be worried about your ex suing you for custody. If you are worried about losing you daughter, don't be. The only way you could lose custody is if he proved there was abuse happening (drugs, alcohol, or sexual). Considering his past, he would not be credible.

If you are worried about the cost, then yes this could be a problem. If you can get by until she is 18 then that is the safe play. However, he may still be able to cost you money by dragging his feet, changing jobs, hiring a lawyer to drag you to court, etc. This is a problem that many parents have to face. Personally, I spent about 25K on lawyer bills just to get $192/month. Well worth it though! What I'm trying to say is there is ALWAYS a risk of incuring legal costs. Your case is a slam dunk though, and you could pursue free options such as your state's child support division.

Best of luck to you! Please don't forget to "Accept" my answer!

Regards,

Ryan




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1 Other Expert Agrees with this!
Reply
May 9 10:57 PM (1 hour and 12 minutes and 46 seconds later)
         
Reply to Ryan's Post: The worry with the custody thing is that I am currently in a lesbian relationship in vermont and i have been told that TX has taken older children (15/16 yr olds) from their mothers in that situation - against the childrens wishes. Isa this the case do you know?
Answer
May 10 2:00 AM (3 hours and 3 minutes and 8 seconds later)
         
REPLIEDCheck Mark

A child would not be taken away strictly based on your sexual orientation. If your daughter is growing up to be a normal and healthy young adult this plays no role in the court's decision.

If you wish to pursue this legally, I recommend getting a lawyer in Vermont. Have the jurisdiction changed to that state. It both more accurately describes your child's living situation and moves things to a more liberal state.

Regards,

Ryan




If you found my help useful please don't forget to "Accept " A Bonus and Feedback is greatly appreciated
Reply
May 10 11:08 AM (9 hours and 7 minutes and 49 seconds later)
         
Reply to Ryan's Post: sorrry ryan - one more thing i forgot - he now lives in New mexico - where do i persue this?
Answer
May 10 11:22 AM (14 minutes and 45 seconds later)
         
ACCEPTEDCheck Mark

You persue it where the child lives, in Vermont.

Here is a good place for you to start:

http://www.ocs.state.vt.us/

http://www.ocs.state.vt.us//handbook/chapter3.htm

Regards,

Ryan




If you found my help useful please don't forget to "Accept " A Bonus and Feedback is greatly appreciated
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