Legal Question in Family Law in Texas

Refiling child support

A court order was signed by the court waiving the fathers rights per mothers request, including no child support or other form of support. The mother was to be sole provider of the child. Father was told mother could not go back and refile for child support because of the agreement and she signed off. Now over a year later, she is requesting child support and the AG's office is trying to garnish wages from him. How can this be possible if at all if he has a signed court order and the case was closed? Can she ever refile for child support?


Asked on 1/25/07, 10:06 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Refiling child support

If he was found to be the father of the child, then he is obligated to support the child.

She can go back to court once a year to ask for a raise in child support.

Of course, if his income ever goes down then he can ask for a reduction in child support.

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Answered on 1/25/07, 8:22 pm


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