Legal Question in Family Law in Texas

I live in Texas and my Ex-wife is attempting to take me back for more child support for my 1 biological son. I have lived with my fiance and her 2 children for 6 years. The children's biological father is deceased and my fiance is a widow. I have claimed them on my tax return for 5 years as head of household. On the OAG website it says that if I have other children not before the court, living in my house and have a duty to support then I would owe 16% of my net income to my ex. My question is what counts as a "duty to support"? I have read all of the Texas Family Codes and I can't find any elaboration to this term.


Asked on 10/29/12, 10:53 am

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

Duty to support means a legal duty. That means that they are either your biological or adopted children or you have a court order that orders you to support them. Paying their expenses is something that you chose to do, but it is not a legal obligation.

Once you are married, you can get a step-parent adoption and then you would be able to court them. I would be careful, however. If your marriage does not work out, you would still be the father and would possibly owe child support on them.

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Answered on 10/29/12, 2:07 pm


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