Question: I have had my 15-year-old son living with me since June. I have been paying child support to his mom all this time.
Can I sue here for that money back?
Answer: Although I do not practice in Texas, Cordell & Cordell has attorneys who are licensed and located in Texas who would be happy to discuss your case with you.
In most states, child support and child custody are unrelated. Child support is an order of the Court and until that Order has been modified by the Court, you must continue to follow that order.
Some states will not modify child support until a motion has been filed, even if a parent has been overpaying or has had the child in their custody the entire time.
Jason Bowman is an Associate Attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. Mr. Bowman is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business Administration from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University. Mr. Bowman practiced Domestic Relations for four years with a Louisville firm, and practiced general law for one year. He is an adjunct professor with Indiana Wesleyan University where he teaches business law.