Legal Question in Family Law in Kansas

Paying for illegimate child?

I divorced 4 years ago. Ex-wife had child by another man who bailed out on her. I raised the child as my own and when we got divorced, I decided to pay her child suppoprt for this child and my son.

I re-married and now have a step daughter and we have a son together.

My ex-wife has asked for my child support to her to be increased from 669.00 per month to 909.00 per month.

I have never pressed the paternity issue as fear for the little boy may never have a father.

My question is: Is there some type of consideration to me for having a wife and two other dependants?

How do I go about to modify this outrageous monthly child support payment?


Asked on 7/13/01, 12:38 pm

3 Answers from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: Paying for illegimate child?

Fran's answer is correct. If you need help in Dallas/Fort Worth area you can call me at 817 821-0945. I would need to see your divorce decree to know whether you were found to be the father of both children. The important advice is that this is not a case where you want to represent yourself. Find someone in your area to represent you. Good luck.

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Answered on 7/14/01, 1:15 pm
Bonnie Selby Bonnie J. Selby, Attorney at Law

Re: Paying for illegimate child?

Yes, indeed, consideration is given to obligations for additional children in the child support guidelines. You aren't handling this matter yourself, are you? Retain counsel who regularly handles domestic cases. Bless you for continuing to father the former son. . .good luck!

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Answered on 7/13/01, 11:38 pm
Fran Brochstein Attorney & Mediator

Re: Paying for illegimate child?

1. If a Court of law has found you to be the father of this child, then you are the father and the child is not illegitimate. Even though there is no blood ties, you are this child's father with all the rights and duties that go along with being a parent.

2. In Texas, the courts will consider the other child born to you. New wives and step-kids don't count.

3. In Texas child support for a healthy child is usually 20% of your net monthly resources. Since you have another child to support, the 20% is lowered to approx. 18%. For 2 kids, the support is 25% less approx. 2% = 23%.

4. If you monthly income has increased the date of your divorce, then your child support will increase.

If you live in the Houston area, you can give me a call next week at 713-847-6000. Please be sure to let my secretary know you found me on lawguru.com

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Answered on 7/14/01, 1:17 am


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