Full question:
My Daughter is 27 years old. I am still paying back child support to her Mother but just lost my job. What can I do I have no income what so ever? My daughter is engaged to a Hispanic man and lives part time in Texas and the other in Mexico. Please help.
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Texas
Answer:
It's difficult to get out of paying back child support. Generally, back child support cannot be modified retroactively. When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a substantial increase or decrease in income, or contribution to expenses by another due to cohabitation or remarriage.
It may be possible to negotiate with the other parent to accept a smaller lump sum, work out a repayment schedule, or there may be a defect in the order.
Please see the information at the following link for further discussion:
http://www.cadivorce.com/child-and-spousal-support/back-child-support-strategies.htm
Please see the following TX statute:
§ 154.131 FAM. Retroactive Child Support
(a) The child support guidelines are intended to guide the court in
determining the amount of retroactive child support, if any, to be
ordered.
(b) In ordering retroactive child support, the court shall consider the
net resources of the obligor during the relevant time period and whether:
(1) the mother of the child had made any previous attempts to notify
the obligor of his paternity or probable paternity;
(2) the obligor had knowledge of his paternity or probable paternity;
(3) the order of retroactive child support will impose an undue
financial hardship on the obligor or the obligor's family; and
(4) the obligor has provided actual support or other necessaries before
the filing of the action.
(c) It is presumed that a court order limiting the amount of
retroactive child support to an amount that does not exceed the total
amount of support that would have been due for the four years preceding
the date the petition seeking support was filed is reasonable and in the
best interest of the child.
(d) The presumption created under this section may be rebutted by
evidence that the obligor:
(1) knew or should have known that the obligor was the father of the
child for whom support is sought; and
(2) sought to avoid the establishment of a support obligation to the
child.
(e) An order under this section limiting the amount of retroactive
support does not constitute a variance from the guidelines requiring the
court to make specific findings under Section 154.130.
(f) Notwithstanding any other provision of this subtitle, the court
retains jurisdiction to render an order for retroactive child support in
a suit if a petition requesting retroactive child support is filed not
later than the fourth anniversary of the date of the child's 18th
birthday.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
