Legal Question in Family Law in Texas
Child Support Amounts
A friend is here from New Jersey and has separated from his wife for 14 months now. He guessed his child support for two children to be at $600.00 a month and has paid that for 14 months. He thinks his support will be based on New Jersey's wages since his x-wife lives in New Jersey. If he files for divorce in Texas will his support be based on his Texas wages? If she files for divorce will the support be based on Texas wages?
In other words, how much can he be obligated for? and New Jersey is a alimony state. They were married 16 years and would he still have to pay alimony if filed in Texas?
1 Answer from Attorneys
Re: Child Support Amounts
After your friend has lived in Texas for six months and one of our counties for 90 days, he can file for divorce in that county. Unless he has possession of the children, Texas can not address the children at all, including setting support amount. Texas really can not even divide assets outside of Texas unless we serve his wife in Texas. About the only benefit he may have to filing in Texas is that Texas is a state of limited alimony but we have community property laws that may divide property differently that in NJ. He needs to consult with an attorney from each state to see where it is better to file.