Legal Question in Family Law in Texas

My BF's Ex filed child support on him, he is been paying for awhile now, she now wants to send their daughter out of the country, he is fine with it because family there will take care her, The question is will he still Have to pay for child support here even though she wont be here. The mother Either. Of does it end there?


Asked on 4/02/10, 11:12 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

The child support order is in effect until it's modified; he will want to go to court and ask for a modification based on changed circumstances (i.e., the child no longer lives with Mom). He shouldn't be paying money for support of a child to a Mom that the child doesn't live with.

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Answered on 4/07/10, 12:58 pm
Fran Brochstein Attorney & Mediator

His child support obligation can continue as long as the child is alive. He needs to hire an attorney to protect his rights.

The child could go to live in another country and be killed. He could end up paying child support on a dead child. Yes it could happen.

For example, a friend of mine was getting a divorce and his wife claimed to have given birth to a baby is another country while on vacation. She produced a birth certificate of a baby, but she never brought a baby into this country. She gave many reasons -- pre-mature birth, illness, etc. It took thousands of dollars, lawyers in both countries, translators, private investigators, etc. and 1-1/2 years to prove to the court that she had NOT given birth to a baby while living outside of the US and that there was no "baby". It was a nightmare. Meanwhile, the paternal grandparents were sending the baby gifts and $$ each month for food and medical bills. The paternal grandmother almost had a heart attack upon learning that the all photos of her grandbaby were "fake" and that there was no grandbaby!

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Answered on 4/07/10, 2:16 pm


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