Legal Question in Family Law in Texas

Child Support Modification

My husband's ex wife wants to have the child support for their child increased. My husband is the sole provider for our three children because I do not work. His ex is remarried to a surgeon (husband #3) and stays home with her other three children, one whom she receives c/s for from husband #2. We are desperate to know about what percent she might be entitled to. Will the judge consider our three children and the fact that I'm not working? Any advice is appreciated.


Asked on 5/07/01, 11:59 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Child Support Modification

The Judge should consider how many children your husband is currently supporting.

Your working or not working is irrelevant.

So is her current husband's profession and the fact she receives child support for other children.

Your husband is probably also going to be required to pay for health care insurance or reimburse his ex-wife for the cost of insuring the child. Since you have other children and they should be carried as dependents on his health insurance policy, it is probably cheaper for you to carry his oldest child on his insurance.

In Texas, if the child is healthy and has no special needs, his child support is based on a formula that is found in the Family Code. It is 20% of his net resources (see the Family Code for details) less his other 3 children.

If you have any questions, please call me at 713-847-6000. Be sure to say that you found me on the internet through lawguru.com.

Best of luck to you.

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Answered on 6/20/01, 1:36 am


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