Texas Child Support Transmittal #2 - Subsequent Actions and Instructions
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How to fill out Child Support Transmittal #2 - Subsequent Actions And Instructions?
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FAQ
TFC section 157.263 prevents unpaid child support payments from being reduced regardless of who asks for it. The change reinforces that child support is a serious financial obligation that cannot be avoided. It also brings Texas state law in line with federal law.
157.007. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT OF POSSESSION OR ACCESS. (a) The respondent may plead as an affirmative defense to contempt for failure to comply with an order for possession or access to a child that the movant voluntarily relinquished actual possession and control of the child.
In Texas, the non-payment of child support can transition from a civil issue to a significant legal problem, potentially resulting in a state jail felony charge. This generally occurs when the outstanding amount is equivalent to or exceeds a full year's worth of payments.
Under Texas law, a claim for an offset is an affirmative defense. The party asserting an affirmative defense bears the burden to plead, prove, and secure findings on the defense.
An affirmative defense is a reason given by the defendant for why the plaintiff should not win the lawsuit, even if what the plaintiff says is true. In Texas, defendants must assert affirmative defenses in their Answer at the beginning of the case or risk not being able to use them later.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.
In Texas, court-ordered child support generally ends when the child reaches 18 years of age, graduates from high school (or turns 19), or is emancipated by marriage. However, there may be circumstances where a parent can request to extend their court-ordered obligations beyond these ages.
In Texas, an affirmative defense to child support enforcement is when the obligor can present evidence that they lacked the ability to provide the support amount ordered, had no property to raise the required funds, attempted unsuccessfully to borrow the funds, and knew of no other legal source for obtaining the money.
