Legal Question in Family Law in Texas
Child Support Payments
My best friend is finalizing her divorce. She settled out of court with her husband and they agreed on him paying her 300.00 dollars a month in child support for their daughter. The Attorney General office contacted her saying that those payments are too low, but since she is on welfare, they said she would have to surrender the child support checks to them, and she has already turned in one. Is this legal? Also, if her husband is not abiding to the agreement of the divorce ( he is supposed to pay off her credit card debts and hasn't done so so far) what should she do?
2 Answers from Attorneys
Re: Child Support Payments
The AG intervenes in such cases to collect past due child support and payments to support welfare payments. If the husband is not paying the debts as required under the decree, she can seek contempt. Judges are very sensitive about people who do not follow their orders. If it's been more than 6 months she might be able to increase the child support to AG guidelines. She should seek the assistance of a lawyer.
Re: Child Support Payments
First, has the divorce order been entered? If not, she should contact an attorney immediately and try to get the child support increased to the Family Code Guidelines. She has a right to take less if she so desires, but the government is not interested in funding her husband's reduction in child support through welfare payments.
As to the husband's failure to pay off the bills, (this makes me think that the order has been entered) the attorney can advise her on filing to enforce the order.
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