My question involves child support in the State of: Texas
In the early 90's non custodial and custodial parent made an agreement to lower child support ( not through the courts) because non custodial parent lost his job and also had 2 other children with another wife and the support was never modified because of the new children anyway. Non custodial parent always paid the agreed amount every week.
In 1998 non custodial parent moved to a diff state. Custodial parent filed non payment of child support hoping non custodial parent would not go back to Texas to fight it. He did.
Non custodial parent had many cancelled checks and withdrawals on bank statements and even some receipts form her that she received payments for these amounts every week proving that he was paying the agreed child support and for swimming and ballet lessons and such.
Custodial parent lied and said that he never paid since the day he lost his job and when the proof was shown to the AG the custodial parent was told that she could keep lying or fill out an affidavit saying that he did pay and fill it out every week she was paid. The affidavit was filled out as much as she dared and then they went before the judge. She said he didn't pay her anything for 8 years.
The judge was not too happy at the lies she was telling but still had to file a judgement because they modified the order without going through the courts.
Before this even went to court they intercepted a tax return for over $4000 and held on to it for months. The judge said the judgement would be for the difference of 2 amounts which was $30,000. Then she crossed out where any arrears would be paid back and initialed it and told the custodial parent that if she wanted any part of the judgement to get it herself. The judge also did not know that they stole the $4000 with due process and never reduced the amount of the judgement.
Flash forward - non custodial parent has been receiving bills every month for about 5 years stating that he needs to pay 0.00 and shows a balance that grows every month.
Just this month he received a delinquency letter stating that he is $0.00 delinquent and has a balance of over $140,000 of which $90,000 is owed to the state of Texas for interest and $50,000 goes to non custodial parent.
They are stating that if he does not pay the delinquent amount ( which is $0.00 ) by Nov 30 they will start garnishing his wages and or take his drivers license or put him in jail.
It has been over 10 years since child support has ended. Both kids are almost 30 now and they have never taken him back to court to modify the last judgement which says to not pay any arrears. Is there any statute of limitations on this???
It is a delinquency letter that states $0.00 delinquent....does not make any sense to me.
Any replies would be greatly appreciated.
In the early 90's non custodial and custodial parent made an agreement to lower child support ( not through the courts) because non custodial parent lost his job and also had 2 other children with another wife and the support was never modified because of the new children anyway. Non custodial parent always paid the agreed amount every week.
In 1998 non custodial parent moved to a diff state. Custodial parent filed non payment of child support hoping non custodial parent would not go back to Texas to fight it. He did.
Non custodial parent had many cancelled checks and withdrawals on bank statements and even some receipts form her that she received payments for these amounts every week proving that he was paying the agreed child support and for swimming and ballet lessons and such.
Custodial parent lied and said that he never paid since the day he lost his job and when the proof was shown to the AG the custodial parent was told that she could keep lying or fill out an affidavit saying that he did pay and fill it out every week she was paid. The affidavit was filled out as much as she dared and then they went before the judge. She said he didn't pay her anything for 8 years.
The judge was not too happy at the lies she was telling but still had to file a judgement because they modified the order without going through the courts.
Before this even went to court they intercepted a tax return for over $4000 and held on to it for months. The judge said the judgement would be for the difference of 2 amounts which was $30,000. Then she crossed out where any arrears would be paid back and initialed it and told the custodial parent that if she wanted any part of the judgement to get it herself. The judge also did not know that they stole the $4000 with due process and never reduced the amount of the judgement.
Flash forward - non custodial parent has been receiving bills every month for about 5 years stating that he needs to pay 0.00 and shows a balance that grows every month.
Just this month he received a delinquency letter stating that he is $0.00 delinquent and has a balance of over $140,000 of which $90,000 is owed to the state of Texas for interest and $50,000 goes to non custodial parent.
They are stating that if he does not pay the delinquent amount ( which is $0.00 ) by Nov 30 they will start garnishing his wages and or take his drivers license or put him in jail.
It has been over 10 years since child support has ended. Both kids are almost 30 now and they have never taken him back to court to modify the last judgement which says to not pay any arrears. Is there any statute of limitations on this???
It is a delinquency letter that states $0.00 delinquent....does not make any sense to me.
Any replies would be greatly appreciated.
Support Arrears: Statute of Limitations
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