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Child Support back pay / notarized agreement, I would greatly appreciate the help!

Discussion in 'Alimony & Spousal Support' started by RayRN, Dec 28, 2009.

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  1. RayRN

    RayRN Law Topic Starter New Member

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    My son was born in Texas, but my ex-girlfriend and I broke up and she moved to California taking her with him. I spoke with her recently and she told me she would not ask for any child support, but just to be on the safe side if I have the agreement notarized that she will not ask for child support will this hold up in court?

    If not, and she never asks for child support until our child turns 17 or 18 how many years of back child support do courts typically order the father to pay in the state of Texas? I would greatly appreciate any feedback and thanks for your time.
     
  2. Antigone

    Antigone New Member

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    An agreement, whether it is notarized or not will never hold water in a court of law.

    Why do you think you should not support your child?
     
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  3. BayState

    BayState Moderator

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    Anti Gone, Read the posting Hx of this member.:(
     
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  4. Antigone

    Antigone New Member

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    Anti Gone retracts her questions...I don't need to hear the answer:rolleyes:

    Thanks Bay,
     
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  5. RayRN

    RayRN Law Topic Starter New Member

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    Please don't judge me, I just wanted my questions answered and I post on here for legal advice. I do support my child when the mother asks for the help, although she lives in California. I've sent thousands of dollars and I keep the checks.

    Thanks for the prompt response and information about the notarization I had a feeling it wouldn't hold up in court, but for the other question, she never asks for child support but if if she does decide to do it and lets say our child turns 17 or 18, how many years of back child support do courts typically order the father to pay in the state of Texas? thanks again
     
  6. Duranie

    Duranie Moderator

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    You still have to help support your child. What you should do is iron out a visitation schedule that makes mom pay for some of the transportation. How long has she been in CA? If she has been there less than 6 months, you should file something in your state so your state has jurisdiction, otherwise mom can file in CA and that will make things very hard for you.

    Was paternity ever established? Did you sign the birth paperwork? If mom goes on any form of assistance the state will fore her to file child support, regardless of what agreement you may have with her. Write child support on the checks so she cannot go back. Also you need to figure out how you are going to see the child and if she is willing to help out with transportation costs.
     
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  7. RayRN

    RayRN Law Topic Starter New Member

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    I do have paternity rights established, my son has my last name and I actually have a court order that says my son is suppose to stay within Harris County limits, which is a county in Houston, TX, but my son's mom apparently doesn't care about court orders and she took him away to another state. I was thinking about hiring a lawyer to file charges and fight for custody, but I know my chances are slim cause it always seems like the mother wins the child. Any input would be greatly appreciated.
     
  8. Duranie

    Duranie Moderator

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    Why don't you file contempt and or custody? You are totally wrong about assuming moms always get custody. Mom cannot move the child out of state if you have a court order. Since you know she is not following it, what nakes you think she will honor anything she tells you? This is your child. Do not let her dictate if you are going to see the child again. I would file NOW. You are at a huge advantage since your state has jurisdiction.
     
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  9. jharris352

    jharris352 New Member

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    I would agree with Duraine. Tx has jurisdiction and you have a huge advantage. I imagine that Tx ordered child support and you owe it whether she agreed to let you off the hook or not. If she ever changes her mind you will owe every penny of what you can't prove you paid.

    I would not be so quick to think that she will win the custody battle. A Judge told her not to leave and she did. It would not be a surprise to me at all if she lost custody for that alone.
     
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  10. RayRN

    RayRN Law Topic Starter New Member

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    Omg.. I'm so glad to read and hear this from all of you.. how long will Texas have jurisdiction of the case if she has lived in California for the past six months? Am I too late to find an attorney and file for contempt and custody or do I still have a chance? Thanks again for the feedback, I'm very excited and I will do some research on attorneys here in Houston who can help me win this battle.
     
  11. cyjeff

    cyjeff New Member

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    Six month residency is usually the cut off.

    If the child has lived somewhere else for longer than that, the TX window may have closed.
     
  12. Duranie

    Duranie Moderator

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    "Six month residency is usually the cut off.

    If the child has lived somewhere else for longer than that, the TX window may have closed. "


    Not true. If there is a court order out of TEXAS then TEXAS retains jurisdiction in most cases. Jurisdiction does not follow the child if one state has already granted an order. How long has mom been in CA for? File for contempt and/or custody NOW. See an attorney asap.
     
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  13. RayRN

    RayRN Law Topic Starter New Member

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    She has lived in California since August of 2009, I'm going to speak with an attorney sometime next week to get the whole process started. I hope there is no cutoff date because the court order was filed here in Texas, thanks again for the feedback.
     

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