I have a question for any of you out there who knows a little about Texas law on child support. My ex owes me well over $10,000, maybe close to $20k. I stopped counting at some point.

Anyway, yhe child support is suppose to stop for older son after he graduates in a little more than a year and for younger son is a little more than 3 years. So here are my questions...What happens if ex still owes back child support? Do I have to sue to get it? Can the child support just continue until he pays off the back support? Anyone know the answers?

A

I don't know about back support except that many states will go after the money because they don't want to pay out because the kids may end up needing state help.

As for what he owes you each week, get his wages garnished. I'd call the state first to see if they can help but your own attorney might be faster. This will be more expensive, of course.

Hey Nams,

I should have mentioned that he's not working right now so the state can't garnish his wages.

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Anna -- In answer to your questions generally, if the child support payments are set up through the state (he pays the state, the state issues you a check), then yes, total amount owed would continue past the boys' majority until paid in full. Contact your support caseworker and ask how that will be handled, particularly since he isn't working now. He or she may need to be notified to bring your file back into the forefront. The good part about setting it up this way, if there's any collecting to be done, the state does it and you don't have to hire your own attorney - just stay in touch with the state caseworker assigned.

If your Ex pays you directly (when he does), contact an attorney immediately to plot your strategy of what to do and WHEN to do it. You don't want time to sneak up on you and for some weird reason, recovery of the back support is barred. Laws vary so much from state to state, best to get an answer from a local attorney who can read over your decree and settlement agreement.

(Fine print: I am not an attorney. This response is not to be construed as legal advice. Get thee to a Texan attorney as soon as possible.)

Do you think he's footing the legal bill for his affair-wife's situation?

I think you will ultimately have to take legal action.

If he is not currently working or if he changes jobs frequently it's nearly impossible to have his wages garnished. What your attorney may be able to do however, is have his tax returns seized. The state may even do this for you.

In any case, it may take several years to get your due.

I had planned 2 sue my father for his 22000 debt he owed to me to help with college. Your children have, I think, 6 years to begin the process after there 18th birthday. Unfortuniately you cant get blood from a turnip and it might prove to be a bigger expendature than it is worth. on a side note I was checking into this about 20 years ago. And the law might have changed. BTW it was in texas.