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Texas Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Texas on
Q: Is it my obligation as the non-custodial parent to report a change of income to the OAG?

I recently got a new job that pays substantially more. Is it my responsibility to have the child support amount increased?

I know a review to modify can be requested by the custodial parent whenever she wishes. I'm asking if I'm required to self-report that I make more money... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 11, 2020

The Texas Family Code does not require you to self report an increase in income.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I'm needing to get help in trying to get custody back of my oldest son. His biological father is currently the CP.

I'm being denied my visitation with him and have been informed that instead of him being with his father, his is with the fathers ex girlfriend and she is living outside of Tom Green County. Thanks,

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

You would likely need to consult with a lawyer in the county where the Court is that rendered the last custody Order.

3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can I get custody changed if child claims they were hit by other parent? And another person living in home?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Sep 9, 2020

In order to prevail on a Motion to Modify custody, you have to prove two things: 1) A substantial and material change of circumstances on the part of the mother, the father, the child or some combination of the three, and 2) that the requested modification is in the best interests of a child. I... Read more »

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Cancel out my ex-husband's child support so he no longer has to pay

My son is almost 15 and his dad and I get along very well. Is there a way I can cancel out his child support to the attorney general so he no longer has to pay anymore? Or do I have to go through my attorney to do that? we have been divorced now for 8 years. Thank you

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 31, 2020

You could ask the Office of the Attorney General to create on Order Terminating Child Support and an Order Terminating Income Withholding. If the OAG does not do it for you, however, y'all will probably have to get an attorney to draft them for you.

2 Answers | Asked in Child Support and Family Law for Texas on
Q: If the non custodian parent filed for a modification on child support can he cancel it if it hasn't gone through yet?

If the non custodian parent filed for a modification due to being laid off and he got his job back can he cancel the request for a modification if it hasn't been established yet? It didn't help any to ask for a modification because it took forever and I got my job back before it was even modified.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 31, 2020

Yes, the Movant who filed the Motion to Modify can file a Notice of Non-Suit.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: Hello , i was wondering if i can get some information on what i should do about rights of my children

My wife and i have been separated for about 4 years now. i haven't seen or talked to my kids in 2 years. She has cut off all communication to where i cant talk to the. All i want is something to do with my kids

Sharita Blacknall
Sharita Blacknall answered on Aug 24, 2020

If you guys are not divorced, you need to hire a divorce attorney to file for divorce and get court-ordered visitation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Is this normal? What can I do? Can he win custody of 1 kid?

Why

Sharita Blacknall
Sharita Blacknall answered on Aug 24, 2020

Family law cases are very fact specific. You will need to consult with an attorney about the specifics of your case. It is possible for a person to win custody of 1 kid if the facts support it. If the facts do not support it, the lawyer you hire will be able to point that out to the Judge.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Hi! The father of my daughter has a side business with no EIN#. Can I use this as a source of his income?
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 19, 2020

A judge will likely consider the side business as part of the father's net resources which would be used to calculate child support.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: My sons dad says that my son is not his he is 5 says he has a lawyer but he says this every year but won’t come to court

For a dna test.my question is if he has a lawyer why would it take him or her 6 years to reach me I live in Dallas he lives in Austin I have asked to get parental rights but he won’t sign the forms

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 6, 2020

I cannot answer a question about another person's irrational behavior. If you think that you are the father of the boy, you can file a Petition to Establish Paternity and, in that process, ask the Court to order a DNA test to be sure.

2 Answers | Asked in Child Support and Family Law for Texas on
Q: Is a non-custodial parent (who is paying child support) expected to cover 100% of a child’s car insurance as well?

I have been paying for child support and 100% of car insurance for two kids. Due to learning that I can no longer cover them because my name is not on the title of either car, I no longer have insurable interest my ex expects me to still pay 100% if she adds them to her policy

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jul 29, 2020

Most divorce Decrees would not require that the non-custodial parent has to pay for the children’s insurance. Such a provision could only be included in a Decree by agreement. You will have to closely read your Decree to see what your obligations are.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can my girlfriend deny me from picking up my 18 month old daughter without her being present?

I always have to wait for my girlfriend to get out of work before I can see my daughter. She is always left with my gf's parents. My gf and I do not live together. There is no court order. I do have her covered under my health insurance and help provide financially.

Chad Zubi
Chad Zubi answered on Jul 27, 2020

Without a court order saying otherwise, you have the same rights that she does. Therefore, you can pick up your daughter whenever you want to, even if the mother is not present.

Without a court order, the mother can keep the child from you and you can keep the child from the mother. To...
Read more »

1 Answer | Asked in Child Support and Family Law for Texas on
Q: i have a 17 yrs old daughter that has been living with me, and her mom is asking for child support?

i have a 17 yrs old daughter that has been living with me since she was 8 yrs old and her mom is asking for child support since she born......what can i do to get her to pay me child support, we went to court but she said my daughter was living with her and the judge didn’t do anything, even when... Read more »

Chad Zubi
Chad Zubi answered on Jul 9, 2020

If your daughter has been living with you and the court order gives the mother the exclusive right to designate the daughter’s residence, then you could ask the court for a modification of the old order.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Saludos Hace 2 años que me mudé a los Estados unidos por razones de trabajo.

Tengo 2 hijos que residen en PR. La pension asignada por la corte mientras yo vivia ayá es de $ 1832.00 mensuales y solo me sobraba despues de impuestos y demas deducciones $ 250.00 bisemanales. Al mudarme a EEUU mi sueldo aumentó pero mis gastos Tambien. Ahora mismo esta pension consume casi el... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 22, 2020

Cualquier cambio en la cantidad de su child support tiene que ser pedido en la corte que establece sus pagos de su child support.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How can i see my children and not go to jail because child support?

I have 5 kids with 2 different women. My first son i have full custody of. My other 4 i am not aloud to even talk to because their mother and her parents. I got another girlfriend and she told me i can no longer speak to her or my kids. If i try they will move to another state. Her parents are... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 22, 2020

A person can go to jail for not paying child support if they fall behind for a significant amount. The only way to get legal visitation rights is to have a court order signed by a judge. That order will include payment of child support. However, the other parent cannot stop visitation just because... Read more »

1 Answer | Asked in Child Support and Divorce for Texas on
Q: my son was born before the marriage. do i include him in the divorce?

he also is reserves army and barely helps with our son. how do i go about this? we also got married in louisiana and i live in texas do i have to file in louisiana?

Rahlita D. Thornton
Rahlita D. Thornton answered on Jun 9, 2020

You can file in the county where you live in Texas.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I relocated to TX from NY can i still file Child support and custody through NYS?

Moved 4 weeks ago, child is 2,

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 3, 2020

You do not indicate in your question whether you have custody or your ex has custody. If you do not have custody, the original Court in New York will very likely remain as the Court of Continuing Exclusive Jurisdiction. In other words, if you do not presently have custody because of a Court... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Austin is having protests, I have a standing order in place. But I don’t want to possibly endanger my kids.

We are separated, divorce not final. She was served and the kids were with her at the time. Austin is in the middle of a protest. I have lawyers but they are not available to talk to. I have standing orders to not change the children’s residences...but I have no clue what that means. It says... Read more »

Chad Zubi
Chad Zubi answered on May 31, 2020

If there is a standing order in place then you are required to follow it. My interpretation of don’t change the children’s residence is don’t change where they live by moving unless the specified conditions have been met. It doesn’t mean that you are prohibited from following a possession... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Do I have a right to the $500 stimulus payment my ex recieved for a child who has since moved in with me?

With my blessing, my ex claimed our 2 children on our 2019 tax return. Since filing, one of those children has lived exclusively with me. My ex received $2,200 as a COVID stimulus, $500 of that intended for the son who now lives with me, but he has not offered to give us the money. Do I have a... Read more »

Chad Zubi
Chad Zubi answered on May 30, 2020

I don’t believe that you would have a right to the $500.00, unless there is a court order saying otherwise, and it likely isn’t worth the cost to ask a court for him to give you the $500.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I am reviewing my divorce and am unsure if the terms in the Petition for Divorce or the Final Decree of Divorce matter.
Chad Zubi
Chad Zubi answered on May 26, 2020

I see that you are asking the question from Bremerton WA, but your question is under the Texas category. I can't and don't advise on law in Washington, but in Texas both documents are of utmost importance. The petition is the document that asks the court for specific relief and the... Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Texas on
Q: should i use a DV attorney from Genesis Shelter or the Family Place?

Trying to see which is a better fit for my situation- need legal representation for a child custody/ visitation situation where DV history is involved

Kiele Linroth Pace
Kiele Linroth Pace answered on May 20, 2020

Child custody is such an important matter that you should talk to multiple Family Law attorneys and hire the one you trust the most.

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