Collecting child support arrearages after termination - Texas

[plevans]

What is the name of your state? Texas

My husband and I were granted temporary custody of our one year old granddaughter in June 2007. Mom has since passed away and dad's parental rights were terminated in August 2010; we adopted GD in September 2010.

Can anyone tell me if, based on the wording in our Order of Termination, we can collect the $2,600 in child support arrearages owed by dad at the time of termination?

The order states: "Resolution of Temporary Orders: IT IS ORDERED AND DECREED that all parties are discharged from all further liabilities and obligations imposed by the temporary order of this Court rendered on June 18, 2007 and judicially signed on July 7, 2007."

The person I spoke with at my local child support office said she "thought" the Order of Termination would have to state specifically that we were granted the arrearages.

Our family law attorney said that dismissing the Temporary Orders may have negated the child support.

I'd like a second opinion on this, as it doesn't make sense to me since the dismissal of the temporary orders applies to future liabilities and obligations.

If we are entitled to the arrearages, can any one tell me where to start attempting to collect or get a judgment against dad?

 

[nextwife]

To whom were the arreargaes owed?

 

[mistoffolees]

What is the name of your state? Texas

My husband and I were granted temporary custody of our one year old granddaughter in June 2007. Mom has since passed away and dad's parental rights were terminated in August 2010; we adopted GD in September 2010.

Can anyone tell me if, based on the wording in our Order of Termination, we can collect the $2,600 in child support arrearages owed by dad at the time of termination?

The order states: "Resolution of Temporary Orders: IT IS ORDERED AND DECREED that all parties are discharged from all further liabilities and obligations imposed by the temporary order of this Court rendered on June 18, 2007 and judicially signed on July 7, 2007."

The person I spoke with at my local child support office said she "thought" the Order of Termination would have to state specifically that we were granted the arrearages.

Our family law attorney said that dismissing the Temporary Orders may have negated the child support.

I'd like a second opinion on this, as it doesn't make sense to me since the dismissal of the temporary orders applies to future liabilities and obligations.

If we are entitled to the arrearages, can any one tell me where to start attempting to collect or get a judgment against dad?

I'd go with what your attorney tells you - he has all of the documents.

HOWEVER, it is possible that the arrearages are still owed to your daughter's estate. Whoever is handling the estate matters should look into it (although the cost of recovering might well exceed $2600).

 

[LdiJ]

What is the name of your state? Texas

My husband and I were granted temporary custody of our one year old granddaughter in June 2007. Mom has since passed away and dad's parental rights were terminated in August 2010; we adopted GD in September 2010.

Can anyone tell me if, based on the wording in our Order of Termination, we can collect the $2,600 in child support arrearages owed by dad at the time of termination?

The order states: "Resolution of Temporary Orders: IT IS ORDERED AND DECREED that all parties are discharged from all further liabilities and obligations imposed by the temporary order of this Court rendered on June 18, 2007 and judicially signed on July 7, 2007."

The person I spoke with at my local child support office said she "thought" the Order of Termination would have to state specifically that we were granted the arrearages.

Our family law attorney said that dismissing the Temporary Orders may have negated the child support.

I'd like a second opinion on this, as it doesn't make sense to me since the dismissal of the temporary orders applies to future liabilities and obligations.

If we are entitled to the arrearages, can any one tell me where to start attempting to collect or get a judgment against dad?

It doesn't state however that it applies to future liabilities and obligations. It says that it applies to all FURTHER liabilities and obligations. That tends to indication past and present.

Realistically, your odds of collecting from dad, even if you were entitled to do so, are likely slim to none if his parental rights have been terminated.

 

[plevans]

To whom were the arreargaes owed?

To my husband and I. Both parents were ordered to pay CS when we were given temporary custody.

It doesn't state however that it applies to future liabilities and obligations. It says that it applies to all FURTHER liabilities and obligations. That tends to indication past and present.

Would you still think the order negates both past and future obligations based on this legal definition given at legal-dictionary.thefreedictionary.com?

• further adverb a greater extent, additionally, at a further point, at a more distant point, besides, beyond, else, extra, farther, furthermore, in addition, more, plus, to a greater extent

Thanks so much for your responses.