Legal Question in Family Law in Texas

Child Support and Divorce

My neice lives in Texas and first her ex husband will not grant her a divorce. What can she do ? They have been separated for 9 months and definetly will not get back together. She has a lawyer and so does he. He was ordered to pay child support and refuses to give the amount so ordered. It was about $400.00 a month. He is willing to only pay $160.00 a month.So now she says they have to go to court to fight this out ? She lived here in Florida with a loving family and relatives. Their daughter is five and would be better off here BUT he will not let her leave the state of Texas. Her daughter would be in a safer suitation and more reliable people taking care of her. Anything here that can be done ??Any advice would be greatly appreciated.


Asked on 8/10/07, 4:20 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Child Support and Divorce

She has an attorney. She needs to talk to her attorney.

It is appropriate for any other attorney to give advice since we don't know all the exact details.

The mother married the "jerK" and reproduced. They are going to be co-parenting this child for the rest of the child's life -- it goes way beyond 18! In fact, they will co-grandparent their future grandchildren. They need to learn to work together for the best interests of this innocent child!

Remember -- you are only hearing one side of the story.

Also, Texas likes to keep parents and kids close together.

The kid is a TX resident and the mother is free to live anywhere. Only the child is limited to Texas.

Read more
Answered on 8/11/07, 8:36 pm
James Grissom Law Office of James P. Grissom

Re: Child Support and Divorce

When these matters are contested, Courts are very busy to hear these contests for a few hundred dollars of child support (not that it is not important to your daughter). With regard to moving to FL, maybe he doesn't think it's such a great idea for his daughter to leave someplace where he might be able to have a relationship with her rather than see her once or twice a year. Maybe the little girl would like to see her daddy more than a few weeks in the summertime and a week or so at Christmas. If you want to resolve these issues, you can ask the court for mediation. It might be required anyway. It will cost $600-$800, but you make make some progress on resolving these things. Good Luck.

Read more
Answered on 8/10/07, 4:56 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas