Legal Question in Family Law in Texas
Child Support
My daughter took her baby's father to a court ordered child support hearing (because the baby was receiving Medicaid)and he was ordered to pay $399.00 per month for support as well as supervised visitation. He is upset now and has threatend to get a lawyer and have the decree overturned so that he can have complete custody of the baby. His family has money and my daughter is a student and a single mom. What are her legal rights and what should she do to safeguard herself and maintain custody of her son? Also if he quits his job (which he said he would if the courts decreed he had to pay child support)does he still have to pay if he does not have a job?
2 Answers from Attorneys
Re: Child Support
He is ordered to pay that amount whether he is working or not. The only way to change the child support amount is for one of the party's to ask to modify the amount.
For example, 5 years from now if he has a very good paying job, the mother will want to increase child support.
The burden is on him to show how a change of custody would be good for the child.
It is your daughter's burden not to mess up. He would need to show that she is not doing a good job.
I recommend that your daughter save money in case he files to modify.
There are many attorneys with payment plans and sliding fees for lower income people.
There are also free legal services for indigent Texas residents.
Good luck!
www.familylaw4u.com
Fran Brochstein
713.847.6000
Re: Child Support
Custody of the child is detrmined by what is in the best interest of the child. as long as your daughter is a good mother, the grandparents reources shouldn't be a factor. But if they are willing to pay the money, I can't say that a team of really good lawyers couldn't get custody. I hope not.
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