Legal Question in Family Law in Texas
My boyfriend has 2 kids from a previous relationship who he pays child support on. When we get married will they include my income in determining how much he should pay? How do we go about trying to take primary custody of these 2 kids, what do we need to do? What do we need to prove? If we do take primary custody of the 2 kids then what happens to the child support that he currently owes? Can we get a child support reduction if he has another child to support now?
1 Answer from Attorneys
1. No your income is generally not considered. You need to file separate tax returns each year or the information is discoverable the next time the mom or the TX A G asks for a raise in child support.
2. You get a small reduction - from 25% for 2 kids to 22.5% for having another child.
3. You need to know that the first two kids will always come first in the eyes of the court.
Judges figure that you knew he had 2 he had to support prior to marrying him. You knew that it was a "group package" when you married him and you are assuming the risk of marrying him.
4. You have to show that it is in the best interests of the children to change custody. This is a hard burden to overcome. You will need a lawyer to guide you in this -- look on this website and on www.avvo.com for an attorney.
www.familylaw4u.com
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