Legal Question in Family Law in Texas

Child Support

My son lives with me full time. I live in Utah and his father lives in Texas. Neither of us has either filed for custody. First I need to know if I have to file in Texas because that is where my son was born or if I can file in Utah. Also, I have recently asked him for child support and he seems to think that he doesn't have to pay unless I move back to Texas. Is this right?


Asked on 4/14/03, 11:19 am

2 Answers from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Child Support

If the child has lived in Utah for six months, I would expect that would be where you would file, though you would have to check with a Utah Lawyer to see if Utah law allows this. The reverse would be true: Texas would impose a child support order on a person living in Utah. As for an obligation to pay, it sounds like the father is saying the child can starve so far as he cares, as long as the child is out of sight. Most judges do not accept that argument.

http://www.reasonable-doubt.com

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Answered on 4/14/03, 1:06 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Child Support

Under the Uniform Child Custody Jurisdiction Act the proper place to file is where the child lives - i.e., Utah. Child support is established under the laws of Utah and is payable regardless of where the parent lives. Contact an attorney to assist you in filing.

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Answered on 4/14/03, 7:02 pm


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