Legal Question in Family Law in Texas

child support

Hello,

I am a female in the state of Texas who recenlty was informed that my husband had divorced me without my prior knowledge. I was not contacted regarding the last court date. Is that legal?

The primary reason I am writing you is because I am obligated to pay 100 dollars a month in child support and my former husbands insurance co pay that is taken out of his check by his employer.

He has 2 of my children, and I have one who stays with me. I have no job and am a stay-at-home mom. I have a boyfriend that I will marry this year. He supports me and my child who is 5. Am I obligated to pay the 100 per month and the insurance costs since I am a mom who stays home with a 5 year old child? If I am obligated,I will have to place my child in daycare, and find a job. I certainly do not want to leave her at a daycare at this point in her life because shes very used to me being at home with her.

Thank you for your answers.

--name removed--Levin


Asked on 1/07/06, 5:44 pm

3 Answers from Attorneys

TC Langford Langford Law Office

Re: child support

If the case was handled in Tarrant County -- go to the courthouse and ask the clerk for a copy of the decree. It will cost a few dollars to copy. If it was rendered by the judge within the last 30 days, it may be possible to have the judgment set aside, if you were not given proper notice. In fact, however, in these times, $100 child support for two children is very low, and it is unlikely to be reduced from this amount. Whether or not you are employed, you are required to support your children. Is the child in your custody the child of your boyfriend or exhusband? There are issues you may need an attorney to resolve on your behalf, however, if the decree was properly handled, it is unlikely that you will be ordered pay less than $100 monthly for 2 children. TCL

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Answered on 1/08/06, 8:18 am
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: child support

There are some major issues that you raise. You will need to hire an attorney quick. This is a complicated matter--good luck!

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Answered on 1/07/06, 6:55 pm
Fran Brochstein Attorney & Mediator

Re: child support

It is the policy of the State of Texas that BOTH parents are obligated to support their children.

I agree with the other attorney that you need to take a certified copy of the Final Decree of Divorce to an attorney for review.

Being a stay at home mom does NOT mean that you do not have to pay child support. You are chosing NOT to work.

Sorry to be so tough but both parents should support their kids.

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Answered on 1/07/06, 8:47 pm


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