Legal Question in Family Law in Texas
Child Financial Support Question - not court ordered.
I am due in 4 months, and me and my ex (we were never married) want to keep things civil without going to court. I don't want to ''shuffle'' the child back/forth every other week for a week at a time as he wants to do. If we do this out of court should he still financially support the child? And how are finances split? For example if we do the traditional weekends visits, what kind of support can I realistically ask for? Is Medical insurance support part of this or a seperate issue? I guess I want to make sure I am protecting us here incase he decides to not be civil.
1 Answer from Attorneys
Re: Child Financial Support Question - not court ordered.
If you breast feed, then visitation will be according to your schedule.
Most visits with babies are short and frequent. The visitation for an older child is NOT appropriate for a baby.
Most overnight visits don't start until the baby is 3 years of age.
You desperately need an attorney to explain your rights and obligations!
I charge $150 an hour to go over your questions with you.
He needs to pay for 50% of uninsured pre-natal expenses and delivery expenses so be sure to keep all your receipts. Things like pre-natal vitamins, etc.
His child support will be based on 20% of his NET RESOURCES as defined by the TX Family Code. You can read the texas family code on line or visit the Texas Attorney General website for more information.
Also, the Houston Bar Association has an excellent free booklet available on line under "for the public" then look for 'publications".
I strongly urge you to talk to someone that does a lot of family law to understand your rights. PLEASE! DO IT BEFORE THE BABY IS BORN!
If he does not sign some paperwork at the hospital, then his name won't be on the birth certificate. If his name is NOT on the birth certificate, then he has NO rights to see the baby.
If he questions his paternity, get a DNA test.
You need to establish his paternity since you are not married.
If you have no money, go the TX A G office and they will help you. Keep all your receipts!
PS - If he pays 20% of his net resources for child support, that is all he has to pay -- things like diapers, daycare, etc. are your problem.
If you start out letting him have the baby 50% of the time, don't expect the court to stop doing it if you end up fighting later.
If he takes the baby and disappears, it is going to be very expensive and time-consuming to try to get him into court. If he leaves the US, then your odds drop dramatically of ever seeing your baby again.
I urge you to get it done through the courts to protect you and your child.
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