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Kansas/TX Child Support

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  • Kansas/TX Child Support

    I hope that someone can give me the right direction to go. My husband has a son from a previous marrage that is 8 years old. When he was divorced from his X he was ordered to pay $216 a month for child support. This was in Kansas. We live in Texas now and the case is now open in both Kansas and Texas. His son has now lived with us since he was 5 years old. My husband still gets charge the $216 a month AND pays $75 a week. So we are getting no where. He is responsable for back child support and current child support, and the child lives with us. Is the only way to get this resolved is to get custody of the child? He is afraid then the mother would take the child since she was the one awarded custody in the divorce. The only one losing would be the child. The mother is basically getting double child support, and she does not even have the child. Now we can not even buy a home because it says he owes over $7000!! Can someone please let me know how to take care of this?????

  • #2
    Theoretically, he is paying on the arrearage. BUt if the child is living with his father, the father needs to go back to the original court to ask them to grant permission for the Texas court to hear that now the kid is in Texas. Once that is granted, ask the Texas court to modify custody to reflect the child's status as being with the father as the primary physical custodial parent and to terminate the current support obligation and seek an accounting on the arrearage so that you know that it is bein paid and is being reduced appropriately. You have custody of the son informally, but that needs to happen formally and the custody and support order be reflective of that.


    • #3
      Originally posted by mywaytasteit
      Can someone that has recently had physical custody of their child, yet
      presently not, use that period of custody to change the custody back
      to them? There has been a misunderstanding...for someone I know.
      They lost custody, but were actaully not given their full due in the court
      as they couldn't make the date to be there. This made them loose in
      that proceeding. There were many lies told to them also. So, can they
      regain custody based upon this lack of due process? Can they file a deposition to alter the original custody, for shared custody instead? Is
      there a requirement to be holding a job before qualifying for shared custody?
      No divorce has occured.
      You should start your own thread if you have a question.

      If you have a court date, then you do everything you can to make that court date. It is not a lack of due process. They can always file for whatever they wish and holding a job isn't looked at as much as being a fit parent.