Legal Question in Family Law in Texas

My ex-brother-in-law has recently been addressed by the attorney general for his refusal to pay child support for my nephew. During a mediation meeting today, he informed us that he is listed on a birth certificate as the biological father of another child that we were originally told was adopted by he and his current wife. They were friends with the biological mother and wanted custody of the child but did not want to have the legal paper work and fees associated with adoption because of his back child support for my nephew. Plus, being listed as the biological father of another child decreased his monthly child support for my nephew. Would this not be considered fraud? And what type of punishment would go along with this? This is just another branch of family dynamics that blows my mind with these people!!! Thanks in advance for any insight you may have.


Asked on 2/14/12, 11:09 am

1 Answer from Attorneys
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

I'd agree that it sounds like he's probably attempting to fraudulently reduce his child support. But here's the thing--it doesn't matter whether the other child is biologically his child or is his by adoption. Either way, he has a legal duty to support both children, and either way, his child support obligation for your nephew would be reduced somewhat. The amount it's reduced by is not all that significant, though, even if it were to be affected at all. But, even if he intended it to, any possible "fraud" of this variety does not affect his obligation to your nephew, and I doubt you'll be able to get anyone too interested in prosecuting that. There are an awful lot of men in this state who, whether known to them or not, are not the fathers of children whose birth certificates very definitely claim they are.

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Answered on 2/14/12, 11:43 am


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