Child Support Arrears and Emancipation
My question involves child support in the State of: Texas
Presently, I am paying child support and arrears for my son who is now 21 years old. I have been involved in taking care of him all of his life. My ex-wife filed for child support when my son was around 15/16 years old and I have been paying consistently plus the arrears. My son move with me his Senior year in high school and lives with me presently. I wanted to know is there a way I can be emancipated from further paying child support and the arrears since my son resides with me? Any assistance that you can provide would be very helpful.
Re: Child Support Arrears and Emancipation
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mcwesson
My question involves child support in the State of: Texas
Presently, I am paying child support and arrears for my son who is now 21 years old. I have been involved in taking care of him all of his life. My ex-wife filed for child support when my son was around 15/16 years old and I have been paying consistently plus the arrears. My son move with me his Senior year in high school and lives with me presently. I wanted to know is there a way I can be emancipated from further paying child support and the arrears since my son resides with me? Any assistance that you can provide would be very helpful.
You can file to terminate the current obligation (which shouldn't be difficult), but the arrears won't go away unless Mom agrees.
Re: Child Support Arrears and Emancipation
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mcwesson
My son move with me his Senior year in high school
THAT was when it was time to approach the court to modify the support amount. Rather than accruing arrears, you might have actually ended up COLLECTING child support or at least getting credit towards anything accruing against you. The court can't know that situations have changed unless someone files to modify - and until that happens, the math continues according to what the order says, regardless of what's happening out in the real world. That's why it is VITAL for such changes to be brought before the court as soon as possible so the order can be replaced with one that reflects current circumstances.
I agree with Doggie. It should be pretty easy to get current support stopped since the child is living with you, but the arrears are likely to stand unless mom waives them.