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Texas Child Support Questions & Answers
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?
Rick  Davis
Rick 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

Rick  Davis
Rick 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

Rick  Davis
Rick 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...
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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... View 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... View More

Rick  Davis
Rick 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... View 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... View 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
PREMIUM
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,

Rick  Davis
Rick 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... View 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... View 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... View 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... View 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... View 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.

2 Answers | Asked in Child Support and Family Law for Texas on
Q: Can I change my texas decree for the non custodial parent to help pay for college tuition, room, books and health ins

Does he have to help pay if he pays for his step kids to make it fair.

Rick  Davis
Rick Davis
answered on May 19, 2020

Generally speaking, Courts will not Order a parent to make payments to benefit the parent's child after the child is emancipated (i.e. turns 18 or graduates from high school). Parents can agree to include a provision in an Order which then makes it enforceable, but Courts will not enter such... View More

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: I've been paying child support for my daughter and she has been living in the same house as me for over 10yrs.

Her mother is a RN now but was a CNA when we met Zuri is my 4th child I have 3 son previous marriage and legal custody of younger 2 boys and provided what ever the oldest needed. when Zuri was 1 we split and cause she didn't like girlfriend at the time she put me on child support. We got back... View More

Rick  Davis
Rick Davis
answered on May 19, 2020

It is very doubtful that you would ever get your money back. If you child for whom you are paying support, you should go to the Court that entered the child support Order and ask that it be vacated.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Do I have to make payment for braces if I wasn’t consulted? Do I have to continue to make payments after order expires?

The child support order states that medical costs will be split in half. A year ago both we consulted an orthodontist who determined that braces for our child would be cosmetic, and not medically necessary. We agreed that braces wouldn’t be purchased. A few days ago I received a letter with two... View More

Rick  Davis
Rick Davis
answered on May 13, 2020

It is not possible to answer your question with any certainty without looking at the language in your Decree. Divorce Decrees are often customized, so it all depends on the language within yours.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: i was 2k behind when my daughter moved in with me at age 13, I continued paying my ex for 3 yrs and rexived 0 from her.

I thought that this would have scratched my debt off since I kept paying and got nothing from her. I didn’t have a hearing or anything like that and now I found out she got my 1200 stimulus check. What can I do?

I did send the AG office a letter stating when this happened and what the... View More

Rick  Davis
Rick Davis
answered on May 7, 2020

You may be entitled to possession credits towards your child support obligation during the period of time that your daughter was in your care. That credit, if you get it, would apply only towards your child support obligation that existed during the time you had them. If you can get possession... View More

1 Answer | Asked in Divorce and Child Support for Texas on
Q: I got a letter from the AG of notice of right to request review. Is this notice only for the payer?

I live in Texas and wanted to know if I’m getting this because my ex is trying to get more money from me?

Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
answered on May 2, 2020

The OAG routinely sends these letters out without being requested to do so. Good luck. 888-343-4529.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Texas on
Q: If a non-custodial parent is absent for 2 years and has not paid child support. How do you prove that he was not there?

Would you be able to ask the child/children of his absence?

Sharita Blacknall
Sharita Blacknall
answered on Apr 30, 2020

If this is for the purposes of a court proceeding discovery can be served on that person asking them to state the dates, places, times etc. that they claim to have been there. Next steps would be dependent upon that person's discovery responses.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: How do i write an answer to a motion for enforcement and suit for modification and order to appear and show cause?

I am about 3000 in debt. I have had 2 children since original order and one has a sensory disorder. I have a form from his dr saying i cannot work due to his therapy sessions and there being no one else to care for him. I just cannot afford to pay but do not want to go to jail which is a very real... View More

Sharita Blacknall
Sharita Blacknall
answered on Apr 29, 2020

Contact court to see if you qualify for a court appointed attorney if you can't afford one. If jail is being requested for enforcement and you are indigent you should be eligible for one.

If they won't give you one go to a probono clinic to seek assistance.

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