Divorce Lawyers Dallas

“My husband was awarded physical custody of his two children, at the time his ex was not working. She was ordered to provide paystubs to our attorney but failed to do so and we could not keep him on retainer. We have repeatedly asked her for this information but she has continued to deny it. She was ordered to pay 30% of unpaid medical and has yet to do so. This has been going on for four years. The court order was done in Arizona and we live in New Mexico. How can we go about filing to get child support set up without having to go back to AZ? We have complied with all our part of the court order such as visitation. We feel she should have to do the same. Thank you.”

How to Collect Back Child Support After Moving out of State

Welcome to the
Child Support Division

As the official child support enforcement agency for the State of Texas, the Office of the Attorney General provides services for parents who wish to obtain or provide support for their children. About the Child Support Program.

Texas Attorney General

Past due installments of alimony and support money are a vested right, and the court has no authority to modify them in any particular, either as to amount or time of payment. Shuff v. Fulte.
Subsection (d) operates to define the person entitled to support as a judgment debtor and, therefore, such a person need only establish the existence of the obligation itself, i.e., the dissolution judgment and underlying agreement, and the obligor has the burden of proof with regard to a claim that he or she has satisfied the obligation in whole or in part. In re Jorczak.
By excluding the husband’s full pro form from a allocation from child support calculation, the trial court abused its discretion. In re Winne.
Where there has been a substantial change in circumstances, such as a change of custody, the factors set forth in this section should be applied and it is the responsibility of the parties to present the evidence with respect to the factors set forth therein. White v. White.
If the court determines that a substantial change in circumstances has occurred, then the court should determine the amount of child support to be paid and in doing so, the court should follow the statutory guidelines set forth in this section. In re Stone.
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The order for child-support remains in full force and effect until such time that it is amended. Therefore, if you are someone responsible for paying child support, and you have lost your job, you must take action before the court to have that child support order abated or suspended. If you do not do anything to change the child-support order, then child-support arrearages build-up. The court is not aware of the fact that you’ve lost your job or that you’ve suffered a significant decrease in pay. Additionally, the recipient of the child-support is not interested in bringing an action before the court to change the amount of child support, or to suspend or delay the enforcement of such support. It is up to the payor to take action on hirs own to amend the child-support order, to petition the court for a suspension or abatement of the child-support, or to make other efforts which will reflect to the court and to the recipient that child-support is not going to be forthcoming at this time. The bottom line is this: a court order for child support remains in full force and effect. Unless modified, by way of motion to suspend abate or reduce the amount of child support, the original dollar amount for monthly support continues and an arrearage will accrue if not paid timely.

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