Legal Question in Family Law in Texas

Child support

I want to get married but the guy I'm with has kids with previous relationship and he doesn't have a job if we get married would child support go after me since I'm working for child support since we are married? Or would they just go after him?


Asked on 7/19/05, 5:48 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Child support

Your income is irrelevant.

However, agencies that help collect child support from dead-beats in Texas is really getting aggressive.

He can easily go to jail for at least 6 months. One guy stayed in jail approx. one year because his mother and his wife refused to pay his past-due child support. The Judge eventually let him out. Now the agency is going after him again -- it looks like he'll be back in jail again for at least 6 months or more.

Be advised that though your income is not "technically" considered, some courts take into account that since you work, his income would be "more disposable" and will make his past-due child support payments higher.

Additionally, child support accrues interest at 6%.

And, this obligation does not terminate when the kids turn 18. It will go into his social security and retirement. It is not dischargeable at bankruptcy either.

He might also lose his license and his credit will be ruined.

I would think seriously about having any children with a dead-beat dad. He won't support your kids either! Also, the courts have no sympathy if you have additional kids with him. His FIRST obligation is to his existing children!

So if you don't mind visiting him in jail and never having good credit - including never purchasing a home and paying extra $ for insurance coverage - then go ahead and marry him.

If he is not supporting his current kids, he is showing you how he would support any future kids he has with you.

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Answered on 7/19/05, 6:18 pm


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