The Office of the Attorney General has broad powers to file a child support action. These powers include filing a new case, filing a suit for modification, or a suit for enforcement. However, as we’ve discussed before, there are special provisions when child support for adult disabled children is the issue.
In a recent case the Attorney General filed a suit to modify the child support obligation of a Harris County father for the benefit of his two disabled children who were each no longer under the age of 18. The father’s child support attorney reviewed the law and challenged the authority of the Attorney General to file the child support modification lawsuit.
The Texas Family Code specifically outlines which individuals have the authority to file a lawsuit for child support for adult disabled children. These individuals are:
- a parent of the child or another person having physical custody or guardianship of the child under a court order; or
- the child if the child: (a) is 18 years of age or older; (b) does not have a mental disability; and (c) is determined by the court to be capable of managing the child’s financial affairs.
The statute does not mention the Attorney General and after careful consideration the court found that the Attorney General does not have inherent authority to file a lawsuit concerning child support for an adult disabled child. The outcome may have been different if an individual who did have proper authority assigned their rights to the Attorney General.
This case is an important reminder that the Attorney General makes mistakes and even they are not above the law. If you want something done right then consider an experienced child support lawyer. Contact us today at (832) 592-7913 if you need legal help with your Montgomery County child support case.
If you would like additional information, check out our free Woodlands Divorce Guide.
A parent’s child support obligation from a Woodlands Divorce generally ends when the child reaches 18 unless the child is disabled. Some parents mistakenly believe that if they drag their feet and avoid paying the child support they are ordered to when they are ordered to pay it that everyone will forget about it and move on. Unfortunately for them, a deadbeat parent can be sued for unpaid child support many years after the child reaches 18; many, many years.
Let’s take a look at one recent example from the Houston Appellate Court. In this case, the Mother and father divorced in 1972. The divorce decree ordered father to pay $50 per month in child support. In 2009, the mother filed an application for a writ of withholding alleging father owed $78,164 in unpaid child support. She won at the trial level and the decision stood on appeal.
Dormancy Does Not Apply
In ordinary civil lawsuits you can only obtain a judicial order to execute a judgment within 10 years of the judgment. If you ask the court to execute a judgment 11 years later they do not have jurisdiction. This case highlights the fact that dormancy does not apply to child support judgments.
If your ex-spouse did not pay their child support and your child is now over 18 call us at (832) 592-7913 and speak with a Woodlands Divorce Attorney about collecting the overdue child support. It is never too late to get what you are owed, even 37 years after the original child support order.
It is not difficult to find people that have good things to say about their decision to get divorced without destruction through the Collaborative Divorce process. Not only can it save your relationship with your kids, the flexibility of collaborative divorce may allow you to resolve the disputed issues in a custom manner that is just not available when everyone punts the decision making process to a judge that knows next to nothing about you. On top of that, this stranger is going to make some very important decisions about your life based on hearing the absolute worst about you from your spouse in an ugly drawn out litigated divorce. Is that your ideal outcome? Take some time to read these experiences and give it some thought.
We both wanted out of the marriage, but we didn’t want our children to “pay” for our mistakes. … The “process” allowed my ex and I to remain focused on this goal, rather than being focused on “getting” the other person. … Once we started working together to craft a solution we both thought was fair, we had incentive to work together – giving and taking – to reach a truly fair outcome. Through the collaborative divorce process we learned many creative ways to divide and preserve assets that we never would have thought possible. For instance, keeping the only home that the boys had ever known was extremely important to me and my children, but less important to my ex. Neither of us would have guessed that I could “buy” him out of his share of the equity in the house by giving him other assets that appeared on the balance sheet – achieving both of our goals (mine to keep the house, his to get rid of it). …Through our realtor and mortgage expert we learned how we could refinance our current house to a lower interest rate, and still allow my ex to purchase another house. I sincerely believe that we would not have known about or explored ANY of these options (and many more) unless we had used the collaborative divorce process….I was burdened by both personal health issues and family health issues during our divorce. The collaborative process allowed us to craft our solution on our own timeline – around my chaotic and unpredictable schedule. This took a horrible burden off of my shoulders at a time that I *really* needed that flexibility and understanding from the divorce process. … Neither of us felt that anyone was out to “get” us. I never felt that my ex’s lawyer was looking for ways to exploit me: she focused on both of our stated goals, as did my lawyer. “Everyone” was looking for a win-win outcome for every topic we had to address. I can’t emphasize enough how much this meant to me during what was a terribly difficult transition in my life!
Remember, not every attorney is trained or appropriate to represent someone in a Collaborative Divorce. Contact The Shea Law Firm at (832) 592-7913 to speak with a Collaborative Divorce attorney in The Woodlands or locate a trained collaborative divorce attorney near you at http://www.collablawtexas.com/locate-a-collaborative-law-professional
Confused? Learn the differences between an uncontested divorce, a litigated divorce, and a collaborative divorce in my free Woodlands Divorce Guide
I have never had anyone endorse or say positive things about going through a litigated divorce, particularly if there are children involved. The destruction and turmoil can be very horrible on a personal level. At best, if you litigate your divorce you may end up with a little bit more property than the other side but you will have incurred some substantial personal turmoil to get it and you have to ask, is it worth it?
Collaborative Divorce is your alternative to the destruction that accompanies a traditional litigated divorce. When you choose a collaborative divorce you are taking the first and biggest step towards moving on with your life rather than spending 9-12 months (or more) in front of a judge rehashing the past and assigning blame. This is something that many people feel is worth talking about as you can see below:
Divorce is a painful event, but if there was a way to lessen the pain, collaborative divorce is the way to go. My wife and I had decided to end our 10-year marriage. We wanted to do it as amicably, fairly and easily as possible. Traditional divorce creates barriers between the parties and advocates antagonistic behavior. In the end of a traditional divorce, a judge decides based on the evidence presented. Collaborative divorce lessens the adversity and puts the power to finish the relationship back in your hands. The process is legal and logical. Lawyers help you work out any legal issues, but all of the separation of property is decided by you and your ex-spouse. It truly is a revolutionary way to approach what is arguably the worst event besides death. – Director of System Engineering at Large IT Firm
Call The Shea Law Firm at (832) 592-7913 if you need to get a divorce without the destruction that goes along with litigation.
Are you considering divorce and are not sure where to begin?
Has your spouse already filed for divorce and you are not sure how to protect yourself?
Are you wondering:
- How much child support is involved in your divorce?
- Is spousal maintenance going to be awarded in your divorce?
- How often will you see your kids after the divorce?
- What is separate property and what is community property?
- What happens to retirement accounts in a divorce?
To help answer some of the most common questions I am proud to announce the release of my Woodlands Divorce Guide available for free download. You can get your copy by clicking on the link below.
The Woodlands Divorce Guide
If you have a question that is not answered in this version of The Guide, post your question in the comments below or contact us and we will consider it for inclusion in future editions.
It happens a lot in the divorce process. Feelings of mistrust, betrayal, anxiety and more that start out small and manageable end up growing. They continue to grow as your case goes on and eventually grow out of control. This is how your Woodlands Divorce case can end up transforming from everyone sitting at a table working to resolve ongoing problems to everyone in the metaphorical boxing ring trying to knock each other’s lights out. It happens more often than you might think. The Downward Spiral.
Parents with children usually have the most to lose if they let their divorce slide down that out of control path. Property can be replaced, but restoring Read more…
Curious about what a Collaborative Divorce can mean to you and your kids? Don’t take my word for it, listen to two couples who went through the Collaborative Divorce process themselves and discover how they preserved their irreplaceable relationship with their children and moved forward with their lives rather than digging endlessly through the past. It is only 6 minutes long and I strongly recommend anyone considering divorce with children involved take a moment to consider the choice you are about to make concerning what kind of divorce you will go through.
Read more…
You have to prove your case. At the end of the day no matter how many horrible accusations are traded between you and your ex it is your Woodlands Divorce Attorney’s job to prove your case with the evidence. If a certain piece of evidence is not legally admissible then it cannot be used to prove your case or used against you. Hearsay evidence is generally not allowed, even in a Woodlands divorce case and even if the evidence is offered by the Attorney General. In a recent child support case a trial court allowed hearsay evidence from the Attorney General’s office, but did not exclude it under a narrow exception to the hearsay rules. Let’s take a closer look at what happened.
The Arguments on Appeal
The father in this was is A.J. A.J. argues that the trial court admitted inadmissible hearsay to prove his 2004–2007 earnings for the purpose of calculating child support. The Attorney General argues that Hardy can testify on the basis of hearsay sources because she qualifies as an expert per the Texas Rules of Evidence.
The Court’s Analysis
The trial court found where the parties have adequately complied with their discovery obligations, experts can generally testify regarding their opinions and give the reasons they hold their opinions without prior disclosure of facts or underlying data, unless the court orders otherwise. Trial courts are Read more…
Child support is a critical issue in many Woodlands divorce cases. We previously discussed how the child support guidelines function in a situation where the parent paying child support has net resources below $7,500 per month. If you have more than $7,500 per month in net resources then your Woodlands Divorce Attorney must analyze additional facts to determine how much child support you may pay or receive. Call us at (832) 592-7913 today if you need help with your child support issue.
The Family Code
- If the obligor’s net resources exceed $7,500, the court shall presumptively apply the percentage guidelines to the portion of the obligor’s net resources that does not exceed that amount. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as appropriate, depending on the income of the parties and the proven needs of the child.
- The proper calculation of a child support order that exceeds the presumptive amount established for the portion of the obligor’s net resources provided by Section154.125(a) requires that the entire amount of the presumptive award be subtracted from the proven total needs of the child. After the presumptive award is subtracted, the court shall allocate between the parties the responsibility to meet the additional needs of the child according to the circumstances of the parties. However, in no event may the obligor be required to pay more child support than the greater of the presumptive amount or the amount equal to 100 percent of the proven needs of the child.
How Does it Work?
The court must first determine Read more…
The Child Support Guidelines are a starting point. They reflect what the divorce court presumes to be in the best interests of your children. However, like many presumptions in the law, your Woodlands Divorce Attorney can help you attempt to rebut the presumption if it is appropriate that you receive more or pay less child support than what the guidelines provide for.
What Will the Court Consider?
Once your Woodlands Divorce Attorney is able to successfully rebut the presumption that the standard guidelines should apply the court should consider Read more…
The Office of the Attorney General has broad powers to file a child support action. These powers include filing a new case, filing a suit for modification, or a suit for enforcement. However, as we’ve discussed before, there are special provisions when child support for adult disabled children is the issue.
