Legal Question in Family Law in Texas
Child Support
I have a son with ex-spouse. When we divorced the judge didn't rule on the child because he was a resident of Texas and the dirvorce was granted in Illinois(The judge stated he didn't have jurisdiction over my son and left it up to Texas courts). We now have another child that was born and concieved after the divorce. I wanted to know where I would have to go for child support, and if I retain an attorney can I have the fees reimbursed by the biological father since he refuses to financially provide for either of the children.
2 Answers from Attorneys
Re: Child Support
Based on what you have written, your prior case does not make sense. There are federal laws which allow any state court to address the issue of children in family law related cases. As for your current situation, you may retain a private law firm to assist you with collecting child support or contact the Attorney General (AG). Generally, the AG's office is not the most expiditious way to obtain results. The AG's office typically has thousands of cases to deal with and limited resources. If my local family law firm can assist you with this legal issue or any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for an initial consultation.
Re: Child Support
Well, I'm going to presume that your divorce lawyer screwed this one up. I find it difficult to believe that a judge would allow a child to go without support. There has been a federal law on the books for almost 20 years that allows any state to decide these issues for the benefit of the children. Usually, even if the lawyer makes a mistake, the judge will remind him/her or ridicule the lawyer into correcting the error. But, to answer your question (for the benefit of the children), you should be able to go into the state Attorney General's office wherever you are and initiate child support proceedings against your ex and recover at least a judgment for the entire amount that he has not paid since the birth of the first child. That doesn't mean you're going to get any money, just means that you will start the system running against him. Sometimes the AG's office is good about putting these guys into the headlock, sometimes they just can't do it. Good Luck.