Legal Question in Family Law in Texas

Establishing child support

My husband has custody of his 2 children from a previous marriage. We waived support at the time but now need it. We do not have the resources to hire an attorney to establish and order and were wondering what steps we can take to file on our own. The mother lives in MN and does not want to pay support, so collecting it could be difficult. Where can I get the forms and other information to file this on our own? Also, we have left the county the original custody decree was filed in (still in Tx) and have established residency in another county. What do we need to do for the case to be heard in our current county?


Asked on 5/10/00, 7:15 pm

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: Establishing child support

This is really several questions in one. First, you may be able to obtain free or reduced cost legal representation. Call your local county bar association and ask if they can refer you to a legal aid office or some other "pro bono" (free) legal source such as a law school clinic.

Second, you should not try to do this without an attorney. There are special rules which you must comply with and if the order does not contain precisely the correct language it might be unenforceable.

Third, if your child has been in your new county for six months, you should be able to have the case transferred there (assuming there was a previous order).

Finally, collections may not be as difficult as you might think. There are now uniform laws throughout the states that provide for the states to cooperate in enforcing child support. Your attorney can give you details. On the other hand, frequently, you can't get blood out of a turnip, so carefully consider whether the mother can ever pay before you invest heavily in an interstate child support action.

Good luck.

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Answered on 6/28/00, 12:35 pm
Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: Establishing child support

Regardless of what you say, I firmly advise that you hire an attorney. You have changes of venue and out-of-state processes that need to be addressed and it will most likely be too trying to do alone.

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Answered on 6/28/00, 8:25 am


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