Asked in Family Law for Texas

Q: If I have 2 kids and 1 wants to be with me. and my ex wife keeps the other. Do I still pay child support?

My case is in Texas by the way. I have been paying child support for many years now. My son who is 13 years old has been living with me for the past 3 months now. I turned in the affidavit notarized. But they say I still have to pay child support. Even though they had already told me my case would be closed. Can you help please

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1 Lawyer Answer
Fran Brochstein
Fran Brochstein
Answered
  • Marble Falls, TX
  • Licensed in Texas

A: 1. Judges don't normally like kids split.

2. Many times attorneys calculate what you would pay and what she would pay -- then the parent that would pay the high child support pays the difference to the other parent. So if she was ordered to pay $1,000 and you were ordered to pay $500 then she'd pay you $500. However, there are some judges that calculate child support different & I would need to know the judge that you will go before to answer your question fully. Talk to an attorney in your county.

3. You can go to mediation and attempt to resolve these issues through a Mediated Settlement Agreement. In Texas, the judge must accept a valid and signed MSA.

4. If you don't understand what I've written, please hire an attorney to assist you in this matter.

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