Legal Question in Family Law in Texas

If a non-custodial parent ordered to pay child support marries a wealthy spouse who now supports him, is it legal for him to reduce or stop paying child support? He is self-employed, but all income is made in the weathy spouse's name, so it appears he makes very little money.


Asked on 9/26/11, 11:39 am

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

No. He has to pay child support on his total income. If he's hiding income through his spouse, then he's just creating a discovery problem. At the very least, the Texas Family Code will require him to pay support based on working 40 hours per week at minimum wage, which works out to $227/mo for one child; $284/month for two; $341/month for three; and $398/mo for four.

I am very familiar with the courts in Collin County and can assure you that they take child support cases seriously. However, if the NCP is hiding income, it will require quite a bit of work to dig up his actual income. You will need to hire an attorney to help you through this. I know that attorneys are not inexpensive, but often we can get child support raised high enough, quickly enough so that you are effectively paid back fairly soon.

The AG will also handle child support cases for you for free. But they are very slow due to their case backlog and they will not take any effort at all to dig up hidden income--they just can't.

Good luck!!

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Answered on 9/27/11, 6:01 am


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