• 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.

child SUPPORT MODIFICATION - HELP! again

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

txman

Junior Member
What is the name of your state? TX
What is the name of your state? TX
I'm sorry! I had written out this whole thing, and when I submitted it, somehow it disappeared.

Here's my dilemma: My son, who lives with his mother in TX., just turned 18 years old. His mother keeps calling, threatening to take me back to court to have the child support terms modified so that she gets more money. Please bear with me as I give you some background information on this problem.

My son, who is now 18, has not completed High School. In fact, he has not even managed to pass the 10th grade for a couple of years. I don't know if he has any intention to continue school or not, as we have severed ties due to a very unfortunate set of events. My ex-wife called me approximately a year and a half ago, claiming she was sick of our son, she could not and would not have anything further to do with him and stated, "you deal with him, he'll be on a plane to you in a couple of days - you deal with him, I'm done!" Evidently, my son had been having some severe behavioral problems, managing to get suspended numerous times from school.

A few days after that phone call, I had no recourse but to take my son in. Needless to say, it was difficult, but I felt we could help him. Having stayed with us no more than a few months, we found out he had abused our youngest daughter who had just turned 5 years of age. Needless to say, this was the most painful and harrowing thing we've had to go through. We reported it, and it has gone through the naturally long process of court proceedings, ultimately ending in my son pleading guilty to the charges. After that (and having served a few months in juvenile detention), he was released to the custody of his mother with a temporary electronic home monitoring device (until he was under TX probation), ordered to attend therapy and cannot be with children unless supervised. He was just sent back to TX in early December, 2007.

As you can appreciate, it has been tremendously painful and harrowing. The mother was barely in the picture as this whole thing unfolded. Now, however, she has resurfaced with renewed threats to take me to court and to have the child support increased. I don't know how this woman has the gall to ask for more many in view of the above incident, and the fact that our son has already turned 18 years of age with no future prospects of finishing school. She will not divulge which school he is supposedly attending (they've moved several times). Based on the last known address, I called the school and was told they could not give me any further information/proof of enrollment/attendance even though I'm the father. At this rate, I feel he's never going to finish school and I'll spend the rest of my natural life paying.

If you could possibly give me any guidance/help/suggestions, I'd be very grateful. At this point, I'm desperate! Thanks for your time and patience wading through this long e-mail!

Thanks so much,

TX man in East Coast
 


peppier

Member
Delete your duplicate posts

I have a lot of opinion on what you wrote but I don't have any legal advice for you. To increase the possibility that someone who will have legal advice answering you, delete your duplicates.
 

txman

Junior Member
Ref. Child Supp. Modif.

I guess everyone's stumped by this one because I haven't gotten a response yet. If anyone has any thoughts/suggestions, I'd be greatly appreciative.

Txman
 
http://www.oag.state.tx.us/cs/index.shtml

What does it state in your court order about termination of child support?

In Texas, it's 18 yo, except if they are in high school. Then it continues until they are done.

From what research I have done, I can't find what happens if there is no hope of graduation? Can a child become a perpetual high school student? OP - in your case, I would probably file to terminate the child support. Make them PROVE that he is still in high school.
 

txman

Junior Member
Ref. Child Supp. Modif.

Dear Not Clueless,

Thanks for your response. I had already put in to have child support stopped when he turned 18 back in December of 2007, and I thought that was that. However, a few weeks afterwards, the mother submitted papers asking for the child support to continue. When I called (I was livid) child support offices in TX., they told me the best thing to do is to wait until the end of the school year, which would be until Aug. of 2008, and THEN ask the mother to submit proof that he's still in school.

I'm desperate, I can't be paying child support forever. And like you said, what do you do with an 18 yr. old that may not ever finish school? Am I stuck paying until he's 21? Not only that, the mother (if you want to call her that) threatened to have me keep paying because she says assures me I have to pay for his college too (at this rate, I may be at retirement age, if it happens at all). This woman doesn't know where to stop.

If anyone has any suggestions/thoughts, please feel free to do so....

Thanks,

TXMAN
 

qurice

Member
I would not wait until the end of the school year. In august they will be out for summer break. Tx has gone back to starting school VERY late in aug or first week of Sept.

You need see about getting proof now. Start getting in contact with the school if mom won't cooperate. Mom might just enroll him for the next year and once has shown him enrolled, then just let him drop out. It may help you need to show that he has an off/on again pattern.

You will need to either keep pestering the idiots... i mean folks at the OAGs office, or figure out a way to take it to court on your own.

What does your order say about when child support is to end?
 

fairisfair

Senior Member
if he is having this much trouble in school, and has any intention of continuing he should be in SUMMER school as well.
 

tuffbrk

Senior Member
A kid cannot remain in High School forever. In NJ, they toss you out at some point but I can't recall the age...

Google the state to see when kids get tossed - or call the High School and ask them at what age is a child deemed to old to attend High School- you don't need to reference your son at all...
 

LdiJ

Senior Member
A kid cannot remain in High School forever. In NJ, they toss you out at some point but I can't recall the age...

Google the state to see when kids get tossed - or call the High School and ask them at what age is a child deemed to old to attend High School- you don't need to reference your son at all...
That's a good idea but I can just about guarantee that its at least 20.
 
She will not divulge which school he is supposedly attending (they've moved several times). Based on the last known address, I called the school and was told they could not give me any further information/proof of enrollment/attendance even though I'm the father.
In regards to your ex, she can not keep that information from you.

Under Texas Education code § 26.004 the school can not deny you this information so long as you are the NCP. You are entitled to all written records including: attendance records, test scores, grades, disciplinary records, counseling records, psychological records, applications for admission, health and immunization information, teacher and counselor evaluations and reports of behavioral patterns.

If you are denied this information continue to go up the chain of command.

Now, however, she has resurfaced with renewed threats to take me to court and to have the child support increased. I don't know how this woman has the gall to ask for more many in view of the above incident, and the fact that our son has already turned 18 years of age with no future prospects of finishing school.
Legally I do not see how the incident above has anything to do with whether an increase in CS is necessary or not.

Regardless of your relationship with your son, he is still your son. As long as he is able and attending HS, your legal obligation to pay child support should continue.

I can't be paying child support forever.
You won't, it will eventually stop.

the mother (if you want to call her that) threatened to have me keep paying because she says assures me I have to pay for his college too (at this rate, I may be at retirement age, if it happens at all).
Look at how your court order address CS and college expenses. In Texas so long as the child is in HS child support continues. Currently Texas laws do not give judges power to make a parent support a child beyond that point. The exception to this is if you child is physically or mentally disabled which would be noted in your order.

However with that being said, parents can agree in there divorce decree, how much each parent contributes towards college. You will need to revisit your court order / final decree to see what (if any) your obligated portion is.

Final note, as I mentioned above, in your state Judges do not have the power to make a parent support a child outside of HS. Therefore any failure on your part to support your child past HS is not enforceable by contempt unless you were order to pay CS indefinitely.

When your child is no longer in HS, my advice is to consult an attorney in your state to make sure the laws have not changed.
 

Find the Right Lawyer for Your Legal Issue!

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