Legal Question in Family Law in Texas
I need to know what my legal rights are. I am married and have three children with my husband. He has been petitioned for child support for two children age 2 and 1 week old. I was unaware of this children. Since she has petitioned first and if I seek a divorce and child support for my children. How is this calculated. Do my children come first since we are still legally married or does her order come before mine?
1 Answer from Attorneys
The court will compute his net monthly resources the same for both of you. That's basically the court's version of "take home pay."
Then she will get 19% of his net monthly resources and you will get 25.2% of his net monthly resources. He will be obligated to pay the health insurance premiums for all five kids. If no health insurance is available, you will ask for more child support than just 25.2%.
She will not be entitled to a division of the marital estate--just child support.
I'm sorry you're going through this. Good luck!!
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