Divorce

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Divorce

I want to file divorce but my wife filed child support when we were separated
years ago and refused to remove it while we were living together the past 7
years that I’ve been taking care of my family. Now she left me and the child
support office says I owe 18K. I’m ready to file and I want joint custody with
no custodial parent rule so that we can share our children. My 16 year old
has been living with me and my 9 year old has lived with her since she left in
February 2016. I don’t want to be made to pay child support. I can be
reached at 832-208-2421.

Darryl Smith

Asked on July 30, 2016 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to hire an attorney to assist you to file for divorce.  You have defenses to this back child support obligation, but the Attorney General will rarely correct it for you.  You will need to plead your defensive theory, prove it, and then get it reduced to an order.  Your defense is cohabitation and providing actual support for your wife and children.


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