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Help collecting back due child support

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godsgrl4life

Junior Member
What is the name of your state? Texas
I have been trying for 6 years to get a child support order for my son who recently turned 19. I was never married to his father, but prior to his birth I had an agreement between myself and the father. The father acknowledged he was the father and agreed to pay child support. I am told now that since I didn't see a judge the order is invalid. I did see an attorney who prepared an acknowledgement of paternity and child support agreement. We had it signed by myself and the father and had it notarized. The father did pay support for almost 4 years but then stopped. I spent years searching for him. Then 6 years ago, I tracked him down and contacted him. He offered to start repaying the back due child support but I never received anything. Later on, he moved and I was able to track him down again. I contacted the Texas Attorney General and was told I would have to get an order for support written. Since that time the father has moved everytime we come close to setting a court date. The father lives in Mississippi where the law says child support must continue until the child reaches the age of 21. At this time, the attorney general says they can't verify the father's address so they can't serve him. He is constantly moving in order to avoid paying support. I would like to know if there is anything more I can do.
 


VeronicaGia

Senior Member
godsgrl4life said:
What is the name of your state? Texas
I have been trying for 6 years to get a child support order for my son who recently turned 19. I was never married to his father, but prior to his birth I had an agreement between myself and the father. The father acknowledged he was the father and agreed to pay child support. I am told now that since I didn't see a judge the order is invalid. I did see an attorney who prepared an acknowledgement of paternity and child support agreement. We had it signed by myself and the father and had it notarized. The father did pay support for almost 4 years but then stopped. I spent years searching for him. Then 6 years ago, I tracked him down and contacted him. He offered to start repaying the back due child support but I never received anything. Later on, he moved and I was able to track him down again. I contacted the Texas Attorney General and was told I would have to get an order for support written. Since that time the father has moved everytime we come close to setting a court date. The father lives in Mississippi where the law says child support must continue until the child reaches the age of 21. At this time, the attorney general says they can't verify the father's address so they can't serve him. He is constantly moving in order to avoid paying support. I would like to know if there is anything more I can do.
Well, you have a few problems. Go here and read it all:

http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=TX&CFID=521924&CFTOKEN=22527170#4

In TX, if there is a presumed father, paternity can only be established within 4 years of the childs birth, making paternity establishment impossible for you. Since paternity was never legally established, you would have to establish paternity before you can get a court order, and before you ask, a notarized statement does not establish paternity, only him signing the birth certificate, signing and acknowledgement of paternity or taking a court ordered DNA test can do that.

Now, in another portion of the link, it says support can be ordered up to 4 years back. But since you have not established paternity, I don't know that you can even file now. Also, under TX law, your child is an emancipated adult. Your child lives in TX and therefore is a resident of TX, and that is the law you have to follow. You cannot pick and choose what states laws you wish to follow.
 

VeronicaGia

Senior Member
One more thing. A notarized statement is not a court order. He is under absolutely no obligation to pay you support without a court order.
 

godsgrl4life

Junior Member
You would think since I have been working with the Texas Attorney General for over 6 years on my case they would have told me this years ago. Everything I posted came from their office. I am going to call them today and verify what you said.
Also, I didn't "pick and choose what state laws I wish to follow", that is what the TX Attorney General told me.
 

godsgrl4life

Junior Member
Yes, I read the link and I found this quote there: If a child has no presumed, acknowledged or adjudicated father, there is no time limitation. If a child has a presumed father, the statute of limitations is four years from the date of the child's birth. You assumed there was a presumed father, but there is not. So, I guess there is no time limits.
 

eyemback

Member
godsgrl4life said:
Yes, I read the link and I found this quote there: If a child has no presumed, acknowledged or adjudicated father, there is no time limitation. If a child has a presumed father, the statute of limitations is four years from the date of the child's birth. You assumed there was a presumed father, but there is not. So, I guess there is no time limits.
This is proof you are "picking and choosing".

You said in your first post on this thread: "The father acknowledged he was the father and agreed to pay child support. I am told now that since I didn't see a judge the order is invalid. I did see an attorney who prepared an acknowledgement of paternity and child support agreement. We had it signed by myself and the father and had it notarized. The father did pay support for almost 4 years but then stopped.

So technically, there was a presumption by you and the father, although not a legal one. The definitions of "presume" are:
-To take for granted as being true in the absence of proof to the contrary
- To constitute reasonable evidence for assuming; appear to prove
- To venture without authority or permission; dare

All of you did all three. Not to mention, there was also acknowledgment by both of you.
 

godsgrl4life

Junior Member
Like I said before I am NOT "picking and choosing", the Texas Attorney General did the picking and choosing. I just repeated what they said. I don't need you to provide "proof" that I am picking and choosing what laws to follow. Also, when an adult contributes to the conception of a child he or she should be responsible for the support of that child regardless of the circumstances. Just because I didn't know the technicalities of getting a child support order written doesn't mean I should never be able to receive any child support. My son was entitled to support from both parents and I will not stop until that day comes. His father is quite capable of paying what he owes me, but is intentionally moving everytime we get close.
 

eyemback

Member
godsgrl4life said:
Like I said before I am NOT "picking and choosing", the Texas Attorney General did the picking and choosing. I just repeated what they said. I don't need you to provide "proof" that I am picking and choosing what laws to follow.
I am just proving you aren't keeping your story straight...

Also, when an adult contributes to the conception of a child he or she should be responsible for the support of that child regardless of the circumstances.
Gee...really? :rolleyes:
Just because I didn't know the technicalities of getting a child support order written doesn't mean I should never be able to receive any child support.
That's a pathetic excuse and a bunch of garbage that anyone won't believe. Do you even believe the resources that are out there? Hell woman...do a google search on 'child support' and include your state and you'll probably get a few thousand results in about 1 second. So, your EXCUSE you didn't know the techinicalities is pathetic to say the least.

My son was entitled to support from both parents and I will not stop until that day comes. His father is quite capable of paying what he owes me, but is intentionally moving everytime we get close.
Then you should've filed for it legally from day one. And it's not what's owed YOU -- it's what's owed the CHILD.
 

TNBSMommy

Member
eyemback said:
And it's not what's owed YOU -- it's what's owed the CHILD.
Uhm, LC, It is not what is owed the child, it is what is owed to the CP for the NCPs share of the cost of raising the child. NOT an allowance. Especially now that the "child" is 19.
 

godsgrl4life

Junior Member
To everyone who responded to my original request for assistance.....THANKS for nothing! Posting to this site was a huge waste of my time. I hope you don't treat everyone the way you treated me. You people must all be working together with the deadbeat dads out there. Either that or you just don't care. Either way you seem a bit angry at the world. Don't bother to reply to his post as I don't plan on coming back so I won't read it.
If you think I haven't done any searches on the internet you are crazy. I've been pursuing support for 16 years now...since my son was 3 years old. So, I don't want to hear that I don't know about the "resources out there." I think I know a lot more about the child support system than any of you. Also, I have no problem keeping my "story straight" since I've been living it for 19 years...thank you!!!
To any other mother out there who is owed support, please don't let these people stop you from pursuing it. Also, I would advise going some other place for advice.
 

eyemback

Member
godsgrl4life said:
To everyone who responded to my original request for assistance.....THANKS for nothing! Posting to this site was a huge waste of my time. I hope you don't treat everyone the way you treated me. You people must all be working together with the deadbeat dads out there. Either that or you just don't care. Either way you seem a bit angry at the world. Don't bother to reply to his post as I don't plan on coming back so I won't read it.
Typical response from someone who doesn't hear what they wanted to. Here's a facial tissue. :rolleyes:

If you think I haven't done any searches on the internet you are crazy.
Then you would've been able to get the guidance you were looking for. Just more proof of your inconsistencies. Nice try, though.

I've been pursuing support for 16 years now...since my son was 3 years old. So, I don't want to hear that I don't know about the "resources out there." I think I know a lot more about the child support system than any of you.
Maybe more than me, but I doubt more than many on here. It's the child support system...it's pretty much back-asswards nationwide.

Also, I have no problem keeping my "story straight" since I've been living it for 19 years...thank you!!!
To any other mother out there who is owed support, please don't let these people stop you from pursuing it. Also, I would advise going some other place for advice.
No one was stopping you from pursuing it. Christsakes woman...you trying to get an Emmy? :rolleyes:
 

stealth2

Under the Radar Member
godsgrl4life said:
I've been pursuing support for 16 years now...since my son was 3 years old.
godsgrl4life said:
What is the name of your state? Texas
I have been trying for 6 years to get a child support order for my son who recently turned 19.
So........... which of these is the typo?
 

godsgrl4life

Junior Member
eyemback said:
Typical response from someone who doesn't hear what they wanted to. Here's a facial tissue. :rolleyes:
I don't want your stinking tissue....you aren't funny...so stop trying. I came here for some serious help and I get people like you acting snotty and arrogant. I don't need any more advice from you so don't even waste your time, or mine.


Then you would've been able to get the guidance you were looking for. Just more proof of your inconsistencies. Nice try, though.
This statement is just a bunch of crap!! I am not on trial here so stop trying to "prove" my inconsistencies. I am just a single parent trying to collect my back due child support. If you have a problem with that then too bad. I don't have to answer to you. I have done everything the Attorney General has asked me to do but everytime I get close to getting an order written the dead beat moves.
If there is anyone out there who has some useful advice, I would appreciate it, if not don't bother.


No one was stopping you from pursuing it. Christsakes woman...you trying to get an Emmy? :rolleyes:
What exactly is your problem? I don't think you have any right judging me or my motives. I've been supporting my son for his entire life with no help from his dad or the welfare system or anyone else. I am sick of pursuing my child support case and getting nothing. I've decided I will not give up and I will keep figting for it and for someone like you to equate that with "trying to get an emmy" is insulting.
 

godsgrl4life

Junior Member
stealth2 said:
So........... which of these is the typo?
Neither is a typo....I guess you've never heard of someone living in two different states. Once you move you have to start all over again. My child support stopped when my son was 3. He just turned 19 so 3 from 19 is 16!! The 6 years is the time I have worked with the TX Attorney General. The other years were spent working with the CA Attorney General. Once you move you have to start all over again. Each state does things differently. Stop assuming things....you know what happens when you assume.
 

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