• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

TX- ?'s on interest, arrears, formula for CS for other child not mine, SOL on arrears

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

cairysse

Guest
What is the name of your state (only U.S. law)? Texas

HELLO! this is my first post/thread. hope its not repetatvie. ;)

Quick facts:
- NCP minor, 17, when arrangement made so his mother on order too
- started out CS w/1505 arrears and 250/mo @ 12% on arrears
- currently ordered to pay $375/mo
- i have a spreadsheet, but basically he owes $22k
- last payment was 16mo ago
- since we split, i can count the times he has visited on my hands
- last visit was over 3 yrs ago
- he does tiling/skilled trade type jobs under the table for cash and address is 'unknown'

- NCP had another child 1 1/2 yrs ago
- she (the NEW ex) just told me they are no longer together and wants advice :rolleyes:


Questions:
- i have tried to calculate exactly how much is owed to me with arreaers and interest but it never adds up to what NCO owes. my 'contract' states 12% dated dec 01. i heard laws in TX changed to 6% in jan 02. can my interest rate be changed w/o informing me?
- also is interested calculated on just arrears or is past due interest part of arrears?
- NCP's NEW ex now wants CS. will my case be modified automatically?
- I read she will get 20% of what is left after MY CS is deducted from his net pay (if he were actually working). is this correct?
- if not, how is it calculated?
- i also read some stuff that if he 'hides' for long enough, the SOL? will run out and he wont owe his CS anymore?!?? and then i will be SOL! that is wrong, right? :D

i have other questions but they deal with this plus involuntary termination of paternity rights (i have an adopter, my hubby), concern about custody in the event of my death when i have 2 other children by hubby for total of 3, grandparents rights (none in TX i think/hope), ex-MomInLaw didnt show up to court dates when served bc NCP not served bc couldnt be found.

if anyone wants to answer those too, GREAT! if not, i'll post in proper threads!

THANK YOU FOR ANY HELP/ADVICE!
amie :cool:What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? Texas

HELLO! this is my first post/thread. hope its not repetatvie. ;)

Quick facts:
- NCP minor, 17, when arrangement made so his mother on order too
- started out CS w/1505 arrears and 250/mo @ 12% on arrears
- currently ordered to pay $375/mo
- i have a spreadsheet, but basically he owes $22k
- last payment was 16mo ago
- since we split, i can count the times he has visited on my hands
- last visit was over 3 yrs ago
- he does tiling/skilled trade type jobs under the table for cash and address is 'unknown'

- NCP had another child 1 1/2 yrs ago
- she (the NEW ex) just told me they are no longer together and wants advice :rolleyes:


Questions:
- i have tried to calculate exactly how much is owed to me with arreaers and interest but it never adds up to what NCO owes. my 'contract' states 12% dated dec 01. i heard laws in TX changed to 6% in jan 02. can my interest rate be changed w/o informing me?
- also is interested calculated on just arrears or is past due interest part of arrears?
- NCP's NEW ex now wants CS. will my case be modified automatically?
- I read she will get 20% of what is left after MY CS is deducted from his net pay (if he were actually working). is this correct?
- if not, how is it calculated?
- i also read some stuff that if he 'hides' for long enough, the SOL? will run out and he wont owe his CS anymore?!?? and then i will be SOL! that is wrong, right? :D

i have other questions but they deal with this plus involuntary termination of paternity rights (i have an adopter, my hubby), concern about custody in the event of my death when i have 2 other children by hubby for total of 3, grandparents rights (none in TX i think/hope), ex-MomInLaw didnt show up to court dates when served bc NCP not served bc couldnt be found.

if anyone wants to answer those too, GREAT! if not, i'll post in proper threads!

THANK YOU FOR ANY HELP/ADVICE!
amie :cool:What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
First, please delete the duplicate thread so that it won't be confusing.

There's really no reason to try to figure out what the interest on the arrears is unless you have reason to believe that ex will be able to pay. (you mentioned that he works under the table, and address is unknown). If he can't be located and if there's no garnishable income or assets, you really can't count on getting any payments.

Texas does not have a SOL on CS arrears, they are enforceable forever.

Your CS order won't change because of a subsequent order. The CS ex actually pays you will be deducted from his income, then the second order will be determined with the leftover income.

Since your husband wants to adopt, if you can find ex try to get his agreement. A great bargaining tool is the arrears. You can always offer to forgive arrears if ex is willing to voluntarily relinquish rights and allow the adoption. (this can be done only if you never recieved public assistance)
 
C

cairysse

Guest
sorry about double post!

i'm just really, REALLY curious how much he owes with the interest thing. i tried making a spreadsheet in excel with what he's paid, etc but my ending balance is super off. knowledge is power! :D

so if my kids are on medicaid (i'm actually in the process of reapplying) then NCP's rights canNOT be terminated?
 

qurice

Member
Do you have a "contract" or a support order. Did a judge sign off on this "contract" making it an order? Your use of words like, "arragement", "contract", and "ordered" are conflicting.
 
C

cairysse

Guest
sorry again! the NCP and i have ONE regular child support order, not from a divorce, thats titled 'agreed' "order establishing the parent-child relationship" that we did at the OAG office off the beltway in h-town, not in court. i dont know an easy correct term to use. :eek:
 

qurice

Member
If the OAG's office is involved they should be able to tell you exactly how much is owed, and how interest is computed. (It may take a few calls to find someone who has a clue though)

They even have some info online you can view: http://childsupport.oag.state.tx.us/index.html

I'm the NCP in my case, so I'm not sure what information the CP can view there.
 
C

cairysse

Guest
on that child support interactive thing? i can only view payment history. i tried to log onto the NCP's but there is a member # that i dont have. why cant the NCP and CP view the same stuff? what is so secretive? doesnt the NCP get a monthly statement too? well i want one as well! :eek:

and EVERY time i call to ask about the interest computation thing i get told that they dont know, they are just a call center and as the CP, i always get routed to the call center. only the NCP can actually talk to someone at the office! :p

i like smiley faces :D
 

qurice

Member
I don't get a monthly statement as a NCP. I do get the reminder letter around Christmas saying "don't forget about your CS payment this holiday season"

I get the same clueless folks at the call center. If it's something important I usually have to go down to the office.

I am able to get them to send me a yearly statement in order to report what I pay for my wife's FAFSA application. If you ask for one you may be able to see the amounts added on and maybe figure out how it's calculated.
 
C

cairysse

Guest
I don't get a monthly statement as a NCP. I do get the reminder letter around Christmas saying "don't forget about your CS payment this holiday season"

I get the same clueless folks at the call center. If it's something important I usually have to go down to the office.

I am able to get them to send me a yearly statement in order to report what I pay for my wife's FAFSA application. If you ask for one you may be able to see the amounts added on and maybe figure out how it's calculated.

wel thank you for being NICE! a rare quality on this forum apparently (drama on a different thread...)

i guess i'll go to the office if i want to clear my curiosity! BUT also on the whole 2 baby's mommas thing :rolleyes: will my arrear payments of $125 be affected aside from the monthly $250? (if i was actually getting CS. again just curious!)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top