Legal Question in Family Law in Texas

Paternity Testing

I am currently paying child support for three children to my exwife, even though the oldest is living with me. The other two live with my exwife, but only one of these children is mine biologically, although I am on both birth certificates as the father. In Dec. 2000 my child support was increased tremendously by the attorney general. I cannot afford to continue paying this amount and support myself and my daughter who is living with me. I feel my only recourse is to have paternity testing done, hire a lawyer and go back to court to have my divorce decree rewritten. I would like to find out just what this course of action would involve and what costs I should expect.


Asked on 2/05/01, 10:41 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Paternity Testing

You need a modification.

You will need to prove how long your daughter has lived with you.

Regarding the child that is not biologically yours. In the final decree of divorce if you were found to be the father, then you are legally her father. If so, the doubt the court will "bastardize" your child.

Birth certificattes mean nothing and are not legally binding. (I can't tell you the number of women that put down the wrong man's name or leave it blank!)

The Texas Attorney General must have notified you of a hearing regarding the increase in child support. Did you not attending the hearing?

At that time, you should have shown evidence that the child was living with you and proof of your gross monthly income.

The Texas Attorney General will probably intervene in your modification. (This will usually require more time for your attorney to work on your case and therefore more money to you.)

I don't think an attorney can give you an estimate of costs without looking at the Final Decree of Divorce and the Texas Attorney General's file.

Since I don't know if your ex-wife will fight the modification and the Texas Attorney General will probably intervene, I would not "flat-rate" this case or try to guess how much it will cost in total.

If you live in the Houston area, I offer a free consultation.

Best of luck to you.

Fran Brochstein

713-847-6000

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Answered on 3/19/01, 1:55 pm


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