Legal Question in Family Law in Texas

Re: default judgement for child support

If a court has found you to be the father, the State of Texas has not clearly addressed the issue if it turns out the child is not your DNA.

Legally speaking, DNA testing is a relatively new process. DNA testing was not an issue 15 years ago. Other states are gradually addressing DNA testing and paternity. The State of Texas has not fully addressed the issue. Eventually the legislature will hopefully do so or the Texas Supreme Court but, generally speaking, the law is a very slow process.

If you defaulted, you can ask for a reduction.

Employers are limited to how much they withhold, however, the unpaid balance still remains your obligation.

Child Support cannot be discharged through bankruptcy.

It also never ends. In other words, you can be paying child support from your social security checks for the rest of your life.

I have one former client paying child support and his youngest child is 36!

Now he is paying child support on the interest that accrued when he did not bother to pay child support for 10 years. Yes, it's interet on interest but no Court has ruled this illegal in the State of Texas. Several of us hope that eventually this matter will be addressed but I can't find a client that is willing to pay the money to appeal to the Texas Supreme Court.

Good luck!

Happy New Year!

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