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Modifying Child Support in Texas - Original order from another state

Discussion in 'Child Support' started by nycdreaming, Oct 11, 2021.

  1. nycdreaming

    nycdreaming Law Topic Starter New Member

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    Good evening, I have a question. I have been living in Texas for the last eight years. I am going through a divorce. I'll keep it brief:

    • He was arrested for domestic violence but not charged. CPS Alternative Response called twice on dad for abuse, so far four different CPS workers, nothing came of it
    • Teen daughter being treated for PTSD for abuse from father, anxiety, and depression; therapist and psychiatrists all say he should not be around her.
    • He was removed from the home, I filed for divorce and a restraining order. The associate judge declined an extended restraining order.
    • The original attorney filed divorce papers but not child support
    • House is in his name; the associate judge issued temporary order throwing my daughter and me out of the house
    • Ordered reunification therapy between daughter and father
    • Associate judge allowing standard Texas possession despite having all the records from her mental health counselors
    • Associate judge using NY order for child support; however, the order I have from NY (which allows for child support even if you're together if they see financial manipulation) was modified and lowered before we left NY to move to TX because at the time he wasn't working; amount modified a little over $400; judge using that amount despite the fact he is working now. He hasn't paid a dime on that child support order since we moved here.
    • I am not working, laid off because of absences due to my daughter's care
    • I have no family in TX, only NY, being tied to North TX and contiguous counties. Looking at shelters with my kid and dogs or hoping for transitional housing
    Question: How do I get child support modified? Do I go back to NY, or is it something I have to fight here in TX? I have struck out when it comes to attorneys, all expensive but not helpful at all. Do I seek relief in TX or NY?
  2. adjusterjack

    adjusterjack Super Moderator

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    My guess is that, since you reside in Texas, you pursue this in Texas.

    See if local legal aid can help you.
    Red Kayak likes this.

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