QUESTION

Does a parent who gets off child support and terminates parental rights still have to pay backpay for child support? How can they avoid paying it all?

Asked on Dec 01st, 2020 on Child Support - Texas
More details to this question:
My daughter's mom never let's me see our daughter since COVID-19. She says she doesn't know when she'll let me see her and it may be never again. I'm still paying child support but she says she'll take me off as long as I'm still buying things our daughter needs personally. (Clothes,toys, anything she needs.) We both agreed. She now says she wants to fight for full custody and will ruin my life by never letting me see my daughter but still make me pay child support by the law or I'll go to jail. This was after reading online that I may not have to pay any backpay from my child support. I don't mind buying things for my daughter but I do not want to give money to my daughter's mom being that I don't trust that she uses it on my daughter. If I am legally required to buy things for my daughter I will but I want to see if there's something I can do to avoid giving her mother and stepfather my hard earned cash that may not be used on my daughter
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1 ANSWER

Immigration Law Attorney serving Arlington, TX
2 Awards
If you have a possession schedule in the court order that orders you to pay child support, you absolutely have a right to see your daughter as scheduled even during Covid 19. The Supreme Court of Texas made it clear that parents are not to use the pandemic as an excuse to keep the other parent from seeing their children. Unless the mother forgives the arrears, you will have to pay them in Texas. Maybe you read something from some other state, but the Attorney General of Texas is keeping track of the child support you pay and if you get behind, interest will accrue and you have to pay that too.  You are not legally required to buy things for your daughter unless the court order specifically requires that you pay for something in particular like private schoo, day care, specific extra-curricular activities or something like that. In a standard order, you are simply required to pay child support every month. You can enforce your rights to your possession time by filing an enforcement for possession and access. 
Answered on Dec 09th, 2020 at 1:58 PM

--- The Overstreet Law Firm 2100 N. Main, Suite 228 Fort Worth, TX 76164 Phone: 817-810-9747 Email: rdolaw@gmail.com https://www.theoverstreetlawfirm.com/

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