Legal Question in Family Law in Texas
If your ex husband is on disability and you now get social security checks does that release him of his obligation to pay his child support in the state of Texas. He has not worked in over a year and had any income, but his new wife has paid his support.Now that he is disable and get monet from the state,he wants to drop it.
2 Answers from Attorneys
The answer to your question is found in section 154.132 of the Texas Family Code.
His child support will still be based on his income, but he gets credit (against the obligation) in the amount of any monthly payments that YOU receive for the benefit of the child.
Technically he needs to go to Court and do a modification. Generally if he is on disability and his child support obligation is reset based on his current income (disability), the amount you are getting from Social Security for the child(ren) will usually be enough to cover it.
For educational purposes only. No attorney-client relationship was created by this communication.
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