Texas Child Support Review

My question involves child support in the State of: Texas

(Non Custodial parent here in Texas.. I'll try to keep it brief..its all relevant)

Well, my CS here in Texas ends May 2016 (or June 2016..son graduates in June 2016..dunno when the actual last payment is). At any rate, every 3 years the Custodial Parent can ask for an increase in CS. Initially I started off at I think $585/mo for my son...9 years later I get a diff job, increase in pay, CS goes up to $900/mo. No biggie. I dont fight it, just fill out the paperwork and get it done. During this time my ex has a guy she's with, gets preggers, has a daughter. They break up (fighting, dont get along etc). She one day needs for me to watch her daughter when I get my son, so I say ok. Her ex doesnt see his daughter anymore (restraining order etc) and one day I just take her and my son home on visitation. I get attached and she does too. Well, years pass and I've been doing this for 12 years. She's my "daughter" albeit not legally but she is treated like one, has her own room, clothes, comes home when my son does (he's 16.5 now).

Over the years I've been driving 65 miles one way to pick up my kids (Custodial Parent moved when she got with a new guy, my daughters bio dad), she doesnt meet half way like she did for the first 3 months after moving. Anyway, thats what a Dad does. Such is life.

Now, my question... She has been getting odd ever since CS gets closer and closer to ending. Trying to ask me to pay CS after my son is 18 to which I said absolutely not. If you're thinking, well what about your Daughter. She'll go to me and tell me she needs this or that, then I will take her myself to buy clothes or whatever it is. My son, he wants to live with me after he graduates and go to a college here which I'm fine with. I'm assuming he'll need help paying for college, but thats another story.

I get a letter almost a month ago by the Attorney General for CS asking for voluntary questionnaire to be filled out to see if I need to pay more CS. Well I didnt bother filling it out since I figured I pay enough. I go beyond just CS..I paid for half of my son's Drivers Ed, bought Daughters school supplies, have bought other things for them over at the Custodial Parents house. Well just today I get another letter asking to fill it out and subsequently I threw it away.

Will Texas CS or Attorney General take me to court? Should I get ready to lawyer up, which is fine.

Put it this way - if you "don't bother", Mom will likely get whatever it is she's asking for.... as in, you being ordered to pay support through college.

Why you would ignore such a thing?

And do you understand that Mom will be able to keep her child away from you?

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Quoting Dogmatique

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Put it this way - if you "don't bother", Mom will likely get whatever it is she's asking for.... as in, you being ordered to pay support through college.

Why you would ignore such a thing?

And do you understand that Mom will be able to keep her child away from you?

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This is the standard voluntary questionnaire that gets sent out. This isn't a court subpoena, otherwise I'd reply. In Texas, I'm not obligated to pay CS thru college.

If the questionnaire is indeed voluntary and it says so, then no need to worry. Beyond that it is uncertain why you would want to play games, rather simply answer the questions and return it.

As to the other monies which you voluntarily paid over and above child support, that is not relevant to a determination of whether or not you should or should not pay more child support between now and the time support ends.

Legally the girl is not your daughter so whatever you gave her is a gift. In this instance "lawyering up" won't buy you anything since the support calculations are pretty straightforward, especially if the only change that occurred since the last calculation is your income increased by the required threshold.

One thing to remember is that if your child support is being withheld by your employer, you should check with your employer a couple of months before and make sure they know to stop the support payments on the month and day specified in the withholding order. It is not uncommon for employers to inadvertently pay beyond the final payment date, even large corporate employers. So a friendly reminder is helpful. Recently a major corporate employer I know accidentally overpaid the Texas AG over $1000 (which came out of the employees paycheck), and the AG simply forwarded the entire over-payment to the mother. After the employer called the AG to try to get it back, and learned what a PIA it would be to do so, the employer just decided to write off their mistake and let mom keep it and reimbursed the employee for the short paycheck. Which turned into an unexpected gift from the employer.

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Quoting AlmostDoneTX

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This is the standard voluntary questionnaire that gets sent out. This isn't a court subpoena, otherwise I'd reply.

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Clarify what questionnaire was sent to you please. Is this the questionnaire that is sent when a request for child support review has been received? What is the form number?

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Quoting tex11

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If the questionnaire is indeed voluntary and it says so, then no need to worry. Beyond that it is uncertain why you would want to play games, rather simply answer the questions and return it.

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Pretty much..its generated online and I get a copy and so does the Custodial Parent. Legally I'm not obligated to answer it unless I'm subpeona'd by the court, which is why I asked what happens if I dont bother filling out a voluntary order. The AG doesnt do legal representation, so I guess she'd have to get a lawyer and take me to court. I prefer court. Just want to know if anyone has not filled out the paperwork, what the next steps were.

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One thing to remember is that if your child support is being withheld by your employer, you should check with your employer a couple of months before and make sure they know to stop the support payments on the month and day specified in the withholding order.

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Yep...gotcha on that one. Good reminder. The only thing is, it says when my son graduates or when he turns 18, whichever is later...graduation happens later. If graduation is July 8, then do I owe for the whole month or? I dunno..I'll figure that out about 2 months prior.

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Quoting JulesJam

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Clarify what questionnaire was sent to you please. Is this the questionnaire that is sent when a request for child support review has been received? What is the form number?

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Form 3L017e is what it says on the first page of the letter.

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Quoting AlmostDoneTX

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Pretty much..its generated online and I get a copy and so does the Custodial Parent. Legally I'm not obligated to answer it unless I'm subpeona'd by the court, which is why I asked what happens if I dont bother filling out a voluntary order.

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You are saying you know you aren't required to fill it out at the same time you are asking us what happens if you don't fill it out.

What form number was sent to you?

Form 3L017e is what it says on the first page of the letter.

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Quoting AlmostDoneTX

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Form 3L017e is what it says on the first page of the letter.

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I can't find that anywhere online, but from Texas Family Code Sec. 233.006(a) the notice you were sent should:

(3) inform the recipient that the recipient may refuse to participate or cease participation in the child support review process, but that the refusal by the recipient to participate will not prevent the completion of the process or the filing of a child support review order.


And Texas Family Code Sec. 233.006(3)(b) states:

(2) if the requested affidavit of financial resources is not returned as required, the agency may:

(A) proceed with the review using the information that is available to the agency; and

(B) file a legal action without further notice to the recipient, except as otherwise required by law.


As you already noted, they have subpoena power if you won't respond and they can subpoena your employer, bank, etc., also.

Ok... I guess I shall see what happens then. Looking forward to 2016. Thanks for the replies! :-)