Legal Question in Family Law in Texas

I would strongly encourage you to hire an attorney to represent you in the TX A G court.

I just did a mediation where the man did not have an attorney. He had been overpaying his child support by several hundred dollars each month because of a math error! He tried to save money by not hiring an attorney. Basically, he would have saved money by hiring an attorney!

You have asked many important questions that definitely need answers.

I will answer some of them very quickly - you really need to talk to an attorney for detailed answers.

1. If the man has other bio children, he gets a % reduction for the children at the TX A G office. He needs to bring birth certificates & proof he supports them.

2. It is irrelevant if you are married or not. It's irrelevant that you are in school or what money you make to what he will pay in child support.

3. It is irrelevant what money his ex makes. She can be a multi-millionaire & he still has to pay child support for his bio children.

It is irrelevant that her new b f does not work. The TX A G does not care.

4. His child support is based on his net resources. That includes all sources of income - not just his paycheck. So if he has multiple jobs, over-time, bonuses, or other sources of income (rental income for example) then it counts towards child support.

Plus, there is medical insurance reimbursement on top of his child support - that is usually at least $100/month on top of his child support.

5. Plus, there is 50% of the children's uninsured medical expenses that he is responsible for until they turn 18.

6. His cost of living - car expenses, rent, etc. are irrelevant - his child support comes first. If he has to live in a shelter or out of his car, his child support still comes first. You and your children come second - you knew he had children before you got involved with him and had additional children with him.

If you don't like the fact that he has to support his older children then the TX A G office will tell you to get a job. It is harsh but it is the way it is with the TX A G office - his child support comes first. Their computer will make sure that he pays his child support. They will collect it by "attaching" any bank account with his social security number attached to it -- even if it is a bank account set up for a child -- so be careful if you set up a college fund for any of the kids & you add his name! I've seen it happen & it is hard to get the money back for the minor child - it can be done but it is difficult to do!

Plus, his tax refunds can get hit. He can lose his driver's license and/or passport if he gets behind - they are brutal in their collection practices.

7. Your first sentence does not make any sense. Are they still married? If so, then they need to get divorced. I would strongly encourage you to hire an attorney to help you in this matter.

8. You will never get proof of where the child support is going. If the children are eating and have clothes to wear on their bodies that is where his child support is going. That is what the TX A G is going to tell you.

Please hire an attorney.

If you need a referral in the Houston area, you can email me at [email protected]

Look on the website or on www.avvo.com if you are not in the Houston area.