Legal Question in Family Law in Texas
Back child support and blackmail
My husband and his ex divorced in Ca.and the judgment stated niether party shall remove the child from the state of Ca. w/out written, notarized consent from both parties. She moved to Texas anyway and my husband and she had an oral agreement that he didn't need to pay child support. We moved to Texas so that he may have a relationship w/ his daughter 6 years later. we offered to pay child support and she said she didn't want anything except for him to be in his daughters life. Suddenly,3 years later, she is telling him to pay up or go to jail, or sign over his rights. Is there anything he can do? Is that legal for her to do?
2 Answers from Attorneys
Re: Back child support and blackmail
Parties cannot informally modify or waive court ordered child support - primarily because that is an obligation owed to the child for his/her care. Your wife can indeed demand the back support and bring enforcement proceedings against you. I strongly advise you to seek counsel, as you may be found in contempt of court for not paying the support you were ordered to pay. I would be happy to discuss your case with you. Feel free to contact me at (832)443-7170 or at [email protected]
Good Luck!
Stephanie T. Shipp
Attorney At Law
Re: Back child support and blackmail
The advise that Stephaine gave is essetially correct, however, in California you can equitably amend the decree so I would see about doing that and also filing a motion to modify seeking custody here if you have a good basis. I doubt that any one is going to jail, but you need good lawyering to solve this one. I practice law in both California and in Texas and would be happy to help.
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