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Articles Posted in arrearages

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Adult Daughter Entitled to Child-Support Arrearages from Father after Mother’s Death

When child support goes unpaid, Texas child-support cases can sometimes go on for years after the obligation would otherwise have terminated. A Texas appeals court recently considered what happens when one parent dies before the past-due child support has been paid. The parents had a daughter together during their marriage…

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Timeframe for Paying Texas Child-Support Arrearages

When a trial court orders income withholding for Texas child-support arrearages, the amount withheld must either be sufficient to pay off the arrearages within two years, or must be an additional 20% added to the current monthly support, whichever would result in the arrearages being paid off sooner. Tex. Fam.…

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Father May Challenge Amount of Arrearages in Decades-Old Texas Child Support Case

Sometimes Texas child-support disputes can continue well past the child’s eighteenth birthday.  A Texas appeals court recently decided a case regarding back child support for children who were in their 50s. This case dealt with a writ of income withholding and child-support liens.  Pursuant to Tex. Fam. Code § §…

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Texas Appeals Court Affirms Lump Sum Disability Payment Credited to Future Child Support

Texas family law considers Social Security disability benefits to be a substitute for the parent’s earnings. Pursuant to Tex. Fam. Code § 157.009, when a child receives a lump-sum payment due to the parent’s disability, the parent is entitled to a credit applied to any arrearage and interest. Additionally, when…

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Texas Appeals Court Upholds Finding Father Was Intentionally Unemployed or Underemployed

If a parent in a Texas child-support case is intentionally unemployed or underemployed resulting in an income significantly less than what they could earn, the court may calculate child support based on their earning potential. Tex. Fam. Code § 154.066(a).  The other parent has the burden of showing that the…

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