Legal Question in Family Law in Texas

My husband has 2 children (13 &15) from a previous marriage. His ex wife has custody and we pay for the kids medical, dental, and vision insurance, half of what's not covered by any insurance, and child support to her. His daughter has decided she wants to come live with us and we were unsure of how that would work. Would they need to just set up an appointment with the AG of Texas and have it all changed or would they need to go before a judge and have the divorce decree changed?

Also, is there typical guidlines for something like this as far as no one pays child support since one child would be with one parent or is every case different and depend on the judges ruling?

Lastly, would it need to be done in the county the divorce was finalized or a different one?


Asked on 11/14/11, 7:36 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

The AG won't help you. Even if they did, it takes them six months to get anything filed.

Hire a lawyer and file a motion for modification. File it in the county where the last order came from.

As for calculating child support, there are no guidelines in the Family code for a situation where one child is with one parent and one is with another. Each Judge does it differently. I have personally been involved in a case where the ruling was "no child support to be paid by either party."

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Answered on 11/15/11, 5:45 am


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