Legal Question in Family Law in Texas

My question involves a married woman and her child. They live in Texas. The woman has been verbally and mentally abused by her husband, and is no longer interested in staying married to her husband. We have been dating for two months already and she is seeing an attorney this week on filing for a divorce. She wants me to move in with her and her son. We are planning on getting married later down the road. My question is, can her husband use this against her? Can she lose her child if I move in with her?

One last question is that he does not want to pay allot of child support. He makes over 40,000.00 per year and has no other children. He told her if she goes after him for child support he would not pay it. Take me to jail he says. What could happen if he refuses to abide by the court order?

Tommy


Asked on 9/08/09, 9:53 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

I don't recommend that you move in together. You should not be around the child.

You don't state what county she lives in so I cannot address these concerns in detail. Each judge is a bit different and some will not approve of her dating while married.

If he refuses to pay child support, he can be filed and/or jailed. Any income tax refund will be "grabbed" by the TX A G office and given to her. He could lose any professional license he has and he can lose his driver's license.

If he dies, then his estate is liable for the unpaid child support.

Good luck!

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Answered on 9/14/09, 12:01 am


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