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Texas Child Support Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can I pursue charges of bigamy? I believe my ex has been stalling our divorce to avoid child support of our 2 kids.

After fighting for jurisdiction of our divorce, and the courts closing down last year for coronavirus, my ex has has been uncooperative with my attorney in order to get our divorce before a judge and finalized. We’re currently headed to mediation. However, I just found out that he “remarried... Read more »

Omar Darwich
Omar Darwich answered on Sep 21, 2021

You should contact an attorney but generally speaking bigamy is actually a criminal offense under Texas law, although a defendant can escape conviction if they reasonably believed they were not already married when they entered their second marriage.

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: Can I file for PO in the pending child support for enforcement by contempt case? Do I need to serve personally.?

Can I file for PO in the pending child support for enforcement by contempt case?

Do I need to serve personally.?

Bcoz my ex is evading services. When filed as seperate case, judge dismissed for not able to serve him

Omar Darwich
Omar Darwich answered on Sep 15, 2021

Need a bit more information, but regardless your best option here to get an answer is to consult with an attorney not on this forum.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Q: What would happen to my stepdaughter (6yo) in the event of her mother's death in Texas?

I have been married to my stepdaughter's mother for 5 years. My stepdaughter has lived with her mom, myself, and her younger half-sister (my bio-daughter) that entire time. Her bio dad lives 1300 miles away and sees her 2 times a year, however, he does facetime 3-4 times a week. My... Read more »

Sharita Blacknall
Sharita Blacknall answered on Aug 20, 2021

There is a presumption that biological parents have a superior right to their children over anyone else. You would have to file for custody and show the court why it is in the best interest of the child that the court ignore that presumption in favor of you.

1 Answer | Asked in Child Support for Texas on
Q: Why would my child support be only a registry only? I did not ask for it to be done that way.
Teri A. Walter
Teri A. Walter answered on Aug 18, 2021

Because the court ordered it to be done that way, which is standard.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Power of Attorney to act in legal matters in texas court?

Hi, I am in texas and I want my brother to act of my behalf in my childsupport and alimony cases in court. I am so tired of the defendant s threats and harassments.

I donot want to see his face during hearings anymore or talk. I want my brother to act and attends court hearings on my... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 16, 2021

I suppose you could do this, but it's unlikely that having someone else act for you would end any "threats and harassments" by the other side. In addition, there will likely be times when your personal presence is required - such as for testimony. Your absence even at other times is... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: What kind of proof do I need to show the judge?

I signed for child support i wanted 50/50 custody but father said no he wants full custody he lied to the judge about my child living with him judge took his verbal word from him gave him temporarily full custody and all rights wile i pay for child support and get every 1st 3rd and 5th weekends... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Aug 5, 2021

I would suggest that you hire a family law attorney in the San Antonio area right away. The attorney will be able to assist you in putting forward your best argument for the upcoming final hearing or perhaps assist in settling the matter via mediation.

The fact that your child has been...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son's father has gave me my son back. How do I get myself taking off child support

Can I get some of my back child support money taken off since I have had my child more than the father

Sharita Blacknall
Sharita Blacknall answered on Jun 7, 2021

FIle for modification of your current order.

The attorney general will help you if both parents are in agreement.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can i ask for temporary removal of my child from her father in a temporary child support hearing?

My child is currently with her father and our case is pending in court, his attorney is requesting i pay temporary child support and his attorney fees right now, can my response to this ask that my child be temporary removed out of his care and for him to pay child support i do have proof he is not... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 1, 2021

You can file a counter-petition and request temporary orders. Request what you want and set a temporary order hearing requesting what you want.

1 Answer | Asked in Child Support and Family Law for Texas on
Q: How does child support payments work when your staying at home to care for my daughter with an illness?

I lost my job due to having to stay home to care for my four year old daughter recently diagnosed with epilepsy. I have always paid for child support for my two older children and unemployment denied me because my old job instead of firing me put I quit showing up. Which is true, I had to care for... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 1, 2021

Contact the child support office and tell them your situation. Tell them you need to modify or abate your child support.

Please note that if you are unemployed you are still responsible for paying some amount of child support. However, you may be able to get it lowered to the amount of a...
Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: Do grandparents have custody rights in this situation? Texas

My friends sister has a 2 year old. They live with their parents. Without telling anyone, the sister checked herself into a mental health facility. She gave her son to a coworker to watch. The coworker does not normally interact with her son. The parents (parents of sister) want him to be back at... Read more »

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

As a general rule if both parents are alive and well, rights not terminated, or incarcerated, then no grandparents have no rights in Texas.

Without court orders granting the grandparents rights, they have none.

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1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Should I let my ex know that I know about her adultery before we go to divorce court, or let it be a surprise?

im going through divorce. we havent gone to court yet. my daughters, 14 and 15, have chosen to live with me, not her. Mothers day weekend, was her first weekend to have them since she moved out a month ago. the very first night she took them to a biker party at her new boyfriends house, got... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on May 13, 2021

I would suggest that you reach out to a local family law attorney in your area (Irving) so the attorney can sit down with you, learn what's been filed so far in the matter and better understand the facts surrounding your situation.

Adultery is not illegal in Texas. However, it may...
Read more »

1 Answer | Asked in Child Support for Texas on
Q: Due to Covid I got behind on child support since last year. No income since last July.
Jonathan Tanaka
Jonathan Tanaka answered on May 10, 2021

Thanks for your question! We would need some more context as I'm not sure what your question is exactly. I would suggest that you reach out to a local family law attorney in your area so they can sit down with you and learn more about your situation and review the child support order.... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Should I sign a dismissal if I'm pro se and want the petitioner who filed a motion to confirm child support, to pay the

Amount due allocated by OAG.? If I sign it he will still have to pay

Sharita Blacknall
Sharita Blacknall answered on Apr 27, 2021

This question cannot be answered without a review of the court file, the facts of the case, the law applicable to the facts of the case, what the other side is requesting, and your goal for the case.

1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Q: I’ve been divorced and have 50 50 custody of my 2 children, there was no child support in place because of the 50 50

She tells me when I can get the kids and now she wants to take me to court for child support even though I’ve asked for week to week and she refuses

Jonathan Tanaka
Jonathan Tanaka answered on Apr 26, 2021

I would suggest that you reach out to a family law attorney in your area (Dickinson) so they can review the divorce decree with you and discuss what your options are.

It sounds like your ex-spouse is wanting to modify the final order to give her primary custody and to order you to pay...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Child Support - Medical Expenses

I live in Texas - I have a friend who's ex-wife just popped up and said that he needed to pay 5 years of back medical expenses. I believe the ex-wife carries the daughter on her insurance since it was better originally. These would be additional medical expenses that he was completely unaware... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 26, 2021

He needs to read his order to see what it says about giving notice to the other party of the expense owed. If the requirements in order were not followed he will need to make that argument to the court. The OAG is not going to argue anything on his behalf.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can my daughter's mother take my daughter and not let leave with her

She keeps saying I can come down there and visit her but I'm not on any visitation papers or anyting and I don't want visitation I want to actually pick up my daughter and go to my house and bring her back in a day or so I'm on the birth certificate she's my daughter I just... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 22, 2021

Thanks for your question! I would suggest that you reach out to a local family law attorney in your area (Dallas) as soon as possible.

If there has not been prior court orders, you will need to pursue legal action to establish paternity and visitation, custody, and child support matters....
Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: f I leave town to stay with my mother or sister with my son could I face legal consequences from my husband?

I need to leave my husband and he had threatened to take my son if I ever try to leave. I have no family or friends. No where to leave to in town.

Sharita Blacknall
Sharita Blacknall answered on Apr 15, 2021

If there is no court order in place restricting your residence you can move. However, your spouse could file a motion requesting you move back because it is not in the best interest of the child to be moved. But, you get to also counter his argument that it is in the best interest of the child.... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can I file the same documents in separate counties?

I found out that all of the documents were filed in the wrong county by the process server company. I was then told that all of the documentation needs to be reserved to the defendant to then be filed in the correct county. Can I just get the original documents e-filed in correct county?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

Yes but you will need to nonsuit the case you filed in wrong county before the respondent (defendant) files something against you in that case, for example, asking for attorney’s fees for having to deal with a case in a county with no jurisdiction.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I'm paying child support as a non-custodial parent, in Texas, can I claim my children on my taxes?

I have a temp. child support order because my divorce isn't finalized. Custodial parent makes almost double income than me, yet I'm paying 25% for 2 children. I live in Idaho and in Idaho a non-custodial has the right to claim the children if he/she is current on child support.

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

The IRS rule is that whoever has the children more than 50% of the time, can claim the children on tax returns. That’s a federal law. And although I don’t practice law in Idaho, respectfully, I highly doubt they would have a law that contradicts IRS rules. Claiming children on tax returns is a... Read more »

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: On child support, my son has been living with me for 4 1/2 yrs. I have job insurance but she still gets support&Medicaid

What do i do

Jonathan Tanaka
Jonathan Tanaka answered on Mar 31, 2021

Thanks for your question! I would reach out to a family law attorney in your area (I didn't see a city listed on your question) so the attorney can review the final order with you and learn more about the facts surrounding your situation.

It sounds like you are wanting to modify the...
Read more »

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