Legal Question in Family Law in Texas

Does he still have to pay...

My husband fathered child but never married mother. She took him to court & sued for child support which he has been paying now for approx. 2 yrs. In all this time she has refused to allow ANY visitation as her common-law husband is the only ''father'' child has ever known. She has made it clear that she does not want child to ever know my husband and my husband has expressed desire to terminate parental rights. My question is - should my husband continue making child support payments which are ordered by court, when she denies any contact which is also court-ordered?


Asked on 2/20/04, 11:44 pm

2 Answers from Attorneys

Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Does he still have to pay...

Yes, he should continue to pay. His court ordered obligations are not dependent on her compliance with her court ordered obligations.

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Answered on 2/21/04, 5:23 pm
Fran Brochstein Attorney & Mediator

Re: Does he still have to pay...

If she is not following the court ordered visitation, then you need to file contempt on her.

Basically, he is ordered to provide support and she is ordered to provide access to the child.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 2/21/04, 8:15 pm


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