Legal Question in Family Law in Texas
Missing Child
My husband had a child out of wedlock with a woman he knew for only two months. Even though he made it clear to this woman that he did not want the babyHe provided economical support for child and the lady for 2 years and a half. During all this time she never made a effort to work. My husband notified her that he would only provide support for his child. She agreed. My husband and I were married in 1991 and we decided to fix the child support issue with an attorney, she did not let him see the little girl anymore. When our attorney notified her about our intentions, she moved taking the little girl with her. My husband searched for them and was told they had left the country. Yesterday, my husband was served child support papers. Does he need to hire an attorney? Is he responsible for repaying that child support even though the mother rejected the support for the child. What rights does he have. Is my husband responsible for providing full support if her mother still does not work or if she is married? What laws are there about deadbeat mom's.
2 Answers from Attorneys
Re: Missing Child
Deadbeat moms receive child support for the child from the date of birth. Whether or not she is working or made any attempt to work is totally irrelevant. If your husband has records of payments he will need to show them to the court. I usually get good results for my clients in these cases. Almost always, child support is awarded, but there are other costs and fees which can be addressed and sometimes justify hiring an attorney. Anytime you go to court, you are better off with an attorney. Even though the AG may appear to be helpful, he is working for another client, ie. the State of Texas, not the child's mother.
Re: Missing Child
The mother's income is not a factor in determining the amount of child support paid by the father. The court has the authority to order retroactive child support going back to the child's birth. You should retain an attorney in this matter to assist you. The fees you pay, may save you substantially more than if you proceed unrepresented.
Good Luck.