Retro Child Support payments

Status
Not open for further replies.

drew4543

New Member
Please remember this is Texas law

I have read and re-read the family code 154 and 156 regaurding child support payment. My father is being sued for back child support. He was taken to court by his ex-wife and he hired lawyers decades ago, they determined what he needed to pay in order to not be in contempt of court. He followed all the guidelines and paid the new amount each month until the child turned 18. His ex-wife waited 22 years to file for back child support. Dad actually has proof of some of the payments even though it was more than 22 years ago. If he thought that he paid in full and she never filed with the courts and the courts never tried to collect, how would he have known he still owed her money. Now 22 years has gone by and they have sued for over 100k dollars because of interest accruing, and the poor guy had no idea he even owed her money. What can he do??? He has proof that he took responsibility and was doing the right thing, and had he known he would have made it right 22 years ago. Please, please help!
 
Was dad paying support from a court order, or was he paying on his own? If there was a court order to pay through the courts and he did not pay through the courts, mom can claim she was never paid. Often stuff like this is considered a gift. Child support should always be paid through the court and not directly to mom. Dad needs an attorney. What state are you in? I have a friend that was in the same boat, he paid child support directly to his ex wife instead of through the child support bureau. All this time arrears stacked up and even though he had copies of all the checks, the judge made him pay all the arrears to the ex wife. So she wound up with twice the amount of support she was supposed to get.
 
The question is reffering to the state of Texas. Well he paid the ex-wife directly back in the mid 70's. It kinda sucks that the laws are so strong against dead beats that they do not protect the people who do pay. It sucks that nobody tried to collect for 23 years and this amount of child support owed just balloons because of interest. any thoughts?
 
just that Dad need an attorney and prove he paid mom and that the money given to her was child support.
 
Status
Not open for further replies.
Back
Top