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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> enforcement
Oct 05
2008

Ask a Lawyer: Does denial of visitation justify refusal to pay child support?

Posted by Dads Divorce in Visitation , Visitation , Visitation , support , Parenting , motion , IL , IL , enforcement , custody , custody , Ask A Lawyer

Question:

My husband has a child from a previous marriage and his child and mother have stop our visitation. Is that legal and are we obligated to pay the full amount of child support?
Mar 06
2003

Ask a Lawyer: Does she have a right to file a motion?

Posted by Dads Divorce in TX , timing , support , motion , Maintenance , enforcement , decree , date , Child Support , child , Ask A Lawyer

Question:

My divorce was final December 5, 2005 and per my divorce agreement, I am to pay my ex wife 12 monthly payments starting the first of every month. I am making my payments on time however, she is insisting that I owe her for December 1, 2005 payment. She is threatening to file a motion. Does she have any grounds?

Answer:

I cannot answer your question specifically to the laws of Texas as I am not licensed to practice law in that State. Generally the start date of the Order is the date when the Judgment is signed. You have a gray area if your Judgment does not address December. Since clearly the first was past, you have a good faith argument that December is not owed. I can not tell you anything for sure because the wording of your Judgment will rule, however it is likely she will file the Motion. It is diccult to say how a judge would rule. I suggest you talk to the attorney you worked with to resolve this discrepancy.
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