Plano, TX asked in Divorce, Child Support and Family Law for Texas

Q: Should I file to pay child support even though were not divorced yet and she's not allowing my to see the children..

1 Lawyer Answer
Christopher Michael Schmiedeke
PREMIUM
Christopher Michael Schmiedeke
Answered
  • Dallas, TX
  • Licensed in Texas

A: Even though you are married, you can file what is called a Suit Affecting Parent-Child Relationship (SAPCR), without filing for divorce. In that suit, the court can order visitation as well as child support and decision-making rights. If you do not have the funds for this, you can ask the Attorney General's office to start a child support case and they may be able to help with the visitation and decision-making rights.

It is probably best to get something going as you are obligated to support your children (child support) if you are not living under the same roof. So a child support arrearage could be growing.

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