Legal Question in Family Law in Texas
Divorced parents have joint custody of child. Possession and all child's expenses are split 50/50 and there is no child support paid by either party. Father has exclusive right to establish domicile.
In this situation, how does the state determine which parent has the right to receive welfare benefits for the child if both households are eligible?
Can the OAG try to collect support from the other party if no support has ever been owed b/c the parents split all costs and responsibility for the child?
1 Answer from Attorneys
The OAG will have a difficult time trying to collect support under these circumstances, and my prediction would be that it would not be possible for past support. It is possible that the state would split the benefits between the two households, but it would seem more likely to be awarded to the father.
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