Legal Question in Family Law in Texas

Going through ia divorce, child support questions...

I wants 25% of his income for child support...

I have 2 young boys (3 & 5 yrs)...He left/abondon us...He moved in with another girl who has 3 kids...Who happens to be married still...Her husband walked in on them in his/her house - (I don't know what they were doing at that time)...Her husband moved out shotly before he moved in...At the hearing...His attorney stated that he did not own me that much money (25%) because he has another child (1+ yrs) to support...(I was totally surprised by that)...The birth certificate still shows the other guy as the father...(judge ordered a DNA test)..Either way, the boys and I should not be penitalize for there action...

What percentage can I/we expect to receive...


Asked on 5/06/10, 6:03 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

If he has another child, then his 25% will reduced to approx. 22.5%.

If you have an attorney, you need to talk to your attorney.

If you don't have one, you desperately need one. If you want a referral and you live in the Houston area, email me at [email protected]

You might be entitled to some temporary spousal support.

Remember he's going to have to provide the children with health insurance -- over and above the child support which will help.

The Houston Bar Assocation has an excellent free booklet available on their website under their section "for the public" under FAMILY LAW. The Office of the Texas Attorney General has a lot of information about child support and family law under their website too regarding parental rights and visitation that you might want to review too.

You need to talk to your attorney. With small children, visitation can be negotiated. You need to talk to your attorney for some guidance.

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Answered on 5/11/10, 8:57 pm


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