Legal Question in Family Law in Texas

I have a ex who wants nothing to do with me or his 7 month old son. His ex wife runs his business and does not provide him with a payroll check but cash to avoid paying taxes and child support. He currently has 7 children with 4 other women. He does not pay taxes nor file his taxes. He typically gives me $60 or so a month when I beg for it... I am wondering what my options are in regards to filing for child support and getting a stable/consistent payment arrangement. Please help...


Asked on 8/03/11, 2:37 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

You have to sue him for child support. You can do it through the AG's office or you can hire a private attorney to sue him. The AG will handle your case for free, but they won't dig too hard into his income situation and they are not very fast. A private attorney will cost you some legal fees but will get the case done quickly. The AG would probably do as good a job as anyone else, it will just take a very long time because they have such a backlog and not enough funding.

If you and the other four mothers lived where I practice, I would take all your cases at once, file five different lawsuits, and charge less than it would cost to do 5 lawsuits that came in one at a time.This guy needs that kind of a beat down.

If you can't prove his income, you can rely on the state's presumed income statute. It says that in the absence of other evidence of a person's income, the court must assume that he makes minimum wage for 40 hours per week. That means that the law would presume that he makes a NET income of $1,139.17 per month.

A person who has one kid with him would therefore be able to get an order for *at least* $150 per month. A person who has two kids with him would be able to get *at least* $195 per month. (Please don't tell me anyone has 3 or more kids with this guy!)

Plus, you would be entitled to medical support and retroactive child support.

It would be a very easy case to win. The problem is collecting. He might go to prison before he actually pays. But sometimes prison is all it takes to motivate a guy or his wife to come up with some money.

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Answered on 8/03/11, 2:54 pm


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