Back child support statue of limitations termination of parental rights

[Txmeggie]

Jurisdiction

Texas

My husband had a child with a women 12 years ago. They were both young and things did not work out. She was very controlling and didn't allow my husband to see his daughter. She would not let him see or talk to her. Very sad situation....
After 4 years she had another kid with another man and remarried. She started asking my husband if he could give up his rights so her current husband could adopt her. It was a very hard choice but my husband gave in because he thought it would be best for his daughter. ( be raised with her brother, not coparenting with someone who doesn't want to coparent, ) this was done 5 years ago. Her current husband adopted the child.
We already know that she could file back child support but what is the statue of limitations in this situation? How long does she have to file? She never filed any child support on him. Is it too late?

 

[adjusterjack]

Texas can award retroactive child support for the 4 year period prior to the filing for support. If the child was adopted 5 years ago your husband is probably not at risk.

See Section 154.131 of the Texas Family Code:

2015 Texas Statutes :: FAMILY CODE :: TITLE 5 - THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP :: SUBTITLE B - SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP :: CHAPTER 154 - CHILD SUPPORT

There are some exceptions but I don't think they apply to your husband's situation.

 

[Disabled Vet]

Wow.... All the excuses for NOT wanting to pay child support. So your deadbeat husband is wondering how long they could go after his worthless butt... It's sad that HE didn't want to support his daughter. So don't make it sound like the mother was at fault. Be honest with the facts. You should be saying my worthless husband didn't want to take care of his daughter. Then gave up his rights to the child. How long can they still attempt to make him pay for back support. That is the correct question.

 

[hrforme]

(people believe/hear what they want to hear and don't want to believe that he could have pursued rights to his child during those 4 years and refused to give them up for someone else to adopt and could have paid child support even then - he made his choices so I have to agree that)

How long have you been married to him and why the concern for child support now?

 

[army judge]

If you marry a person with baggage, issues, and troubles; you're agreeing to allow those issues to become YOURS!

I have always been risk averse, as it relates to those kinds of issues.

Choose carefully your associations....

 

[army judge]

ok don't even know why I'm entertaining this.... but I'll explain. From the moment his daughter was born the mom wanted full control. Wouldn't let child have his last name, wouldn't even let him in delivery room. This woman completely tried to control everything with her child and would not let my husband have any rights or control. Some people in the world just want to be in charge. She was living with him and he was supporting her for the first 2 years of his daughters life. She eventually moved out and my husband continued to give her money but had nothing legally with child support. Once she started dating her new boyfriend she wanted nothing to do with my husband. For years she wouldn't tell us her address! Would always have an excuse for why we couldn't see her. I mean come on.... how can you coparent with someone like that? You can say what you want but not everyone fits under the umbrella as deadbeat.

I'll present to you the LEGAL perspective that many men know.

An unmarried male that impregnates an unmarried woman has zero rights concerning the child.

The woman can decide to abort the baby.
The alleged father has zero rights in that decision.
The male might want the woman to carry the child to term, again the woman alone decides.

The woman decides to carry the child to term.
The moment baby is born, all parental rights are vested in the birth mother.
The unmarried male has zero rights.

If the unmarried male wants to be involved in the child's life, he must petition a court for a DNA test.
If the science reveals him to be the father, he then must petition the court for visitation.
He also must petition the court to be placed on child support.

I may not agree with what I've written, but that is the law in our Republic of Texas, and the other state or commonwealth governments in this nation.

Bottom line, nothing the mother is alleged to have done is illegal, while what your friend or husband alleges he did doesn't add up.

He had the ability to do the things the law requires, yet he alleges he VOLUNTARILY relinquished his alleged parental rights so that the woman's husband could adopt the child.

If that is how it went down, and none of us will ever know, that rarely happens in Texas, and when it does, it isn't easy to accomplish.

How do I know?

I am a Texas licensed lawyer (among other states) and a retired Texas District Court Judge, now a visiting Texas Court District Judge.

I've seen several of these cases and presided over these kinds of trials.

I'll add one more legal tidbit in an effort to educate the disbelievers, or ill informed.

If a married woman is impregnated by a paramour and carries the child to term, the husband is the putative father.

The impregnator has zero parental rights, and must go to court to do as I discussed above.

The married woman has the supreme legal right to abort the fetus, even if the husband wishes her to carry it to term.

Once more once, it is as we hear in the media, "A woman's right to choose, because it is her body!"

 

[leslie82]

Wow.... All the excuses for NOT wanting to pay child support. So your deadbeat husband is wondering how long they could go after his worthless butt... It's sad that HE didn't want to support his daughter. So don't make it sound like the mother was at fault. Be honest with the facts. You should be saying my worthless husband didn't want to take care of his daughter. Then gave up his rights to the child. How long can they still attempt to make him pay for back support. That is the correct question.

My mom's husband kind of same thing. My mom told me that he signed over his rights to his daughter with is first wife (mom's #3) because "the Ice Queen" made him do it. This after the bastard has been physically, emotionally and mentally abusive to her still thinks his first wife was the issue...and she said she told her husband he shouldn't have done it if he didn't want to. That's true if he truly loved his daughter he would have said no.

No he did it because he's a piece of crap who should never raise any children and thank goodness he didn't raise her and only was in my brother's life from 12 -18. (My mom was married to my dad when she met this guy, they had an affair for 12 years my youngest brother is the result of it). But I told my brother legally my dad is his dad and always has been. Moron never disputed it. We didn't know for sure til they did a paternity test during the divorce - at least my mom sent my dad back the child support after the paternity test came back. Not that he cared - he will always be my father's son.

 

[iceymike8]

I'll present to you the LEGAL perspective that many men know.

An unmarried male that impregnates an unmarried woman has zero rights concerning the child.

The woman can decide to abort the baby.
The alleged father has zero rights in that decision.
The male might want the woman to carry the child to term, again the woman alone decides.

The woman decides to carry the child to term.
The moment baby is born, all parental rights are vested in the birth mother.
The unmarried male has zero rights.

If the unmarried male wants to be involved in the child's life, he must petition a court for a DNA test.
If the science reveals him to be the father, he then must petition the court for visitation.
He also must petition the court to be placed on child support.

I may not agree with what I've written, but that is the law in our Republic of Texas, and the other state or commonwealth governments in this nation.

Bottom line, nothing the mother is alleged to have done is illegal, while what your friend or husband alleges he did doesn't add up.

He had the ability to do the things the law requires, yet he alleges he VOLUNTARILY relinquished his alleged parental rights so that the woman's husband could adopt the child.

If that is how it went down, and none of us will ever know, that rarely happens in Texas, and when it does, it isn't easy to accomplish.

How do I know?

I am a Texas licensed lawyer (among other states) and a retired Texas District Court Judge, now a visiting Texas Court District Judge.

I've seen several of these cases and presided over these kinds of trials.

I'll add one more legal tidbit in an effort to educate the disbelievers, or ill informed.

If a married woman is impregnated by a paramour and carries the child to term, the husband is the putative father.

The impregnator has zero parental rights, and must go to court to do as I discussed above.

The married woman has the supreme legal right to abort the fetus, even if the husband wishes her to carry it to term.

Once more once, it is as we hear in the media, "A woman's right to choose, because it is her body!"

 

[iceymike8]

So, what weight does a signed birth certificate carry? Both mother and father sign giving each legal guardianship of said child, correct? Otherwise, what's the point of any father signing a birth certificate? I know it's not true, but the first line in the state statutes regarding unwed parents in FL. is that FL. is a state that supports equal rights. Paraphrased of course.

 

[iceymike8]

Wow.... All the excuses for NOT wanting to pay child support. So your deadbeat husband is wondering how long they could go after his worthless butt... It's sad that HE didn't want to support his daughter. So don't make it sound like the mother was at fault. Be honest with the facts. You should be saying my worthless husband didn't want to take care of his daughter. Then gave up his rights to the child. How long can they still attempt to make him pay for back support. That is the correct question.

Thought this site might have some neutrality to it for legal advice. Didn't expect it to become a bash party. Unless you know the whole story, maybe you should keep your personal opinions about someone you don't even know to yourself.

 

[zddoodah]

Wow.... All the excuses for NOT wanting to pay child support. So your deadbeat husband is wondering how long they could go after his worthless butt.

What a load of hot s**t. I don't normally comment on weeks old posts, but perhaps you missed the fact that this isn't the OP's husband's child. The child was adopted by someone else (hence it's not his child), so why should the OP's husband pay support? There's no indication that the mother ever sought child support. In fact, there's no indication in the original post that paternity was ever established. Given that "adjusterjack" had already answered the question asked, your nonsensical diatribe served no useful purpose.

So, what weight does a signed birth certificate carry? Both mother and father sign giving each legal guardianship of said child, correct? Otherwise, what's the point of any father signing a birth certificate?

Not sure what you're talking about. Birth certificates are typically signed by the delivering physician and a local records clerk. The parents don't generally sign them. As far as the information that goes on a birth certificate, that varies from case to case. In a particular situation, it may be that the mother and father will sign an acknowledgment of paternity, and that signed acknowledgment may serve to establish paternity.

I know it's not true, but the first line in the state statutes regarding unwed parents in FL. is that FL.

You know what's not true? And what exactly is the second part of this sentence supposed to be saying?

 

[leslie82]

So, what weight does a signed birth certificate carry? Both mother and father sign giving each legal guardianship of said child, correct? Otherwise, what's the point of any father signing a birth certificate? I know it's not true, but the first line in the state statutes regarding unwed parents in FL. is that FL. is a state that supports equal rights. Paraphrased of course.

It supports equal rights once paternity has been established. It also means the court will not show preference to one parent over another - as in just favoring the mother over the father.

A man signing a birth certificate doesn't give him automatic parental rights as an unmarried male. In all states, the father doesn't have to sign a bc. My daughter was born in Kansas - I was the only one who signed the birth certificate. My then husband's name is on it - but he didn't sign anything.

Also this site doesn't give legal advice - only a lawyer can do that: Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.

Also there's no excuse for him not seeing his daughter. I get tired of men saying 'oh my ex wouldn't let me see my kid." That's why you go to court and fight if that's the case. You don't just roll over and let the kid never see you. He gave her the power to not see his kid - no one else.

He probably won't be at risk for child support and not sure why she'd come after it when she's remarried and that's the father now.

 

[Disabled Vet]

What a load of hot s**t. I don't normally comment on weeks old posts, but perhaps you missed the fact that this isn't the OP's husband's child. The child was adopted by someone else (hence it's not his child), so why should the OP's husband pay support? There's no indication that the mother ever sought child support. In fact, there's no indication in the original post that paternity was ever established. Given that "adjusterjack" had already answered the question asked, your nonsensical diatribe served no useful purpose.

You should try reading the post again.... They asked how long can they come after them for support. For PRIOR to the adoption.......

Not sure what you're talking about. Birth certificates are typically signed by the delivering physician and a local records clerk. The parents don't generally sign them. As far as the information that goes on a birth certificate, that varies from case to case. In a particular situation, it may be that the mother and father will sign an acknowledgment of paternity, and that signed acknowledgment may serve to establish paternity.



You know what's not true? And what exactly is the second part of this sentence supposed to be saying?