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Stopping child support in Texas (Off Topic)

lily11's picture

Submitted by lily11 on Tue, 05/14/2013 - 2:32pm

Well you guys are right. DH got an attorney and based on BM's terrible behavior, that is well documented, she will likely lose custody of SS17. We will be gaining a full time teenager! He is so desperate to get away from BM but she is just as desperate to keep the child support money.

Does anybody have experience with how to stop child support in the state of Texas? The court date is May 31 and SS17 will very likely move in that day. He needs braces, clothes, drivers license and insurance... Will we be able to stop the child support payment for June??? Could she end up keeping child support even after SS17 has moved in with us? We cannot afford attorney fees, taking care of SS17 AND paying child support... I don't see who would enforce her to pay it back if that was the case.

I have asked DH to question the attorney about all this but he says we just have to wait and see... I not a wait and see kind of person...

Comments

herewegoagain's picture

Submitted by herewegoagain on Tue, 05/14/2013 - 3:11pm

It usually takes a while for CS office to actually stop garnishing wages, etc...however, check the Texas statutes because the BM is REQUIRED by law to return any CS that was overpaid, ie. if the order was changed effective immediately and she kept the money anyway, even if CSE office sent it to her. There is a way you can take her to court, probably even small claims court and demand she pay the money back...by law she must. I would think that once it stops, if you have overpaid, you or your regular attorney can send her a copy of the Texas law and she will either pay it back or risk going to court and losing anyway.

bearcub25's picture

Submitted by bearcub25 on Tue, 05/14/2013 - 3:32pm

When DSO was granted custody, the CS order flipped from him paying to receiving right then and there. That doesn't mean she paid, just that he didn't have to anymore.

just.his.wife's picture

Submitted by just.his.wife on Tue, 05/14/2013 - 8:18pm

In Florida, the minute you get a signed ordered ending CS, you can submit to your payroll department so they stop pulling the payments immediately.

Double check your state laws tho to be safe!

lily11's picture

Submitted by lily11 on Tue, 05/14/2013 - 9:56pm

Well it sounds like legally we will be ok. But BM disobeys laws right and left. Even if we take her to court for CS she should not have gotten, we will probably never see the money again. I hope I am wrong about this. I need to adopt a more positive attitude I think. One way or another, there will be an end to all this. It cannot come soon enough.

I should count blessings rather than focus on the negative. SS17 has made a complete turn around over the past year. He improved his grades, started playing sports at school, stopped trying to cause tension in our home and actually helps DH around the house and the yard. Huge turn around!

Thank you for your feedback. Any experience you can share helps. It is encouraging to know that this process has gone well for others.

tryingmom's picture

Submitted by tryingmom on Wed, 05/15/2013 - 10:06am

I live in TX and the only experience I had with the AG office was when my exH didn't pay CS for a couple of years. They handed an order to both of us immediately while in court. He handed it to his payroll department and the payments started. I would think it could work for your situation to stop payments.