Legal Question in Family Law in Texas

Child Support and Visitation

My husband and I have been married for 8 years and have 3 children together. He also has a 12 year old son who resides with his mother(ex-wife) approximately 100 miles away. The child doesn't really desire to see his dad, but the mother insists that my husband spend 8 hrs. on the road every other weekend driving back and forth to get the child because she wants a free babysitter for the weekend. If my husband puts up a fight, she threatens to take him back to court and get the child support raised. My husband just graduated from school and has a new job making a little bit more money than he did when they got their divorce. We are concerned that an increase will demolish us financially. How much can she actually get from him? I've heard she can get 20% of his gross income even if he has 3 other children to support. Is he required to get the child every other weekend or is it optional? Is he responsible for driving all the way every time he does get him, or can he make her meat half way? We don't feel that we should consult an attorney at this time, but we want to know what is in store for us if she drops a bomb on us.


Asked on 3/16/01, 3:14 pm

2 Answers from Attorneys
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Child Support and Visitation

The terms of the divorce dictate the traval

arraingements and he will have to pay 20% of his

net(bring home) pay. E-mail me, with more facts

I can help.

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Answered on 5/28/01, 2:22 am
Fran Brochstein Attorney & Mediator

Re: Child Support and Visitation

Texas Family Code 158.128 and 154.129 cover child support calculating when there are children in more than one household. Section 154.129 contains a chart to quickly calculate what the father would owe for one child when he is supporting 3 others. I estimate his support for one child to be 14.75% based on his supporting 3 other kids. I don't know how old his final decree is, but he should also be carrying the child on his health insurance as an additional form of child support. If he is not covering the child now, he should add him as soon as possible. If your other kids are on the policy, it probably won't cost him any additional money.

If you live in the Houston area, please feel free to give me a call.

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Answered on 5/29/01, 2:36 pm


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