Legal Question in Family Law in Texas

Our final decree from 2013 states that we are Joint managing conservators, but I have both kids more of the time and she is required to pay me $285 a month from the decree. Now my daughter has decided to live with her mom full time and my son has decided to live with me full time and my ex owes me about $7500 in back child support. I make about 3 times what my ex makes. Does that mean I have to pay her child support?


Asked on 1/11/17, 1:09 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Currently, there is no specific provision in the Family Code for what happens when one child lives with one parent and another child lives with the other parent. Eventually, because this happens more and more frequently, the legislature will have to address it, and we will end up with a new provision in the Family Code. The law is always several years behind reality.

In this kind of case, a Judge could either (a) find that each parent is responsible for one child, and that therefore neither parent pays support to the other parent, or (b) that parent who makes more money has to pay some amount to the other parent � this should be calculated as 20% of your income minus 20% of her income. That's what you would pay her.

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Answered on 1/13/17, 9:18 am


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