Legal Question in Family Law in Texas
I recently learned that my husband had an affair and that this affair resulted in a child who is now 2 years old. He is not on the birth certificate, but says he has taken a paternity test. It was positive. He has no copies of the results. He has been providing items for this child (food, clothing, gifts, etc) for the last 2 years, but has not paid regular child support. I am considering divorce for obvious reasons. He and I also have two children. If I decide on divorce, what are my options concerning custody of my children, and how do I begin the process. (I work, and have the means to support myself and my children, provided he pays child support). If we decide to stay married, what are my rights and responsibilities and what are his as far as child support/visitation, etc. He would like to maintain a relationship with his former mistresses child.
1 Answer from Attorneys
You ask very complex questions that are not appropriate to answer via email.
I am glad to meet with you for $1 per minute (cash) in person.
Email me at [email protected]
I'm booked up this week and am booking up for next week. With the holidays, please be patient since I'm taking a few days off. I try to be flexible with my working parents. Your kids should not come to the appointment! It is just not appropriate.
Here are a few thoughts that should scare you (sorry!):
His c.s. will be reduced for this "new kid" so instead of paying 25% of his NET RESOURCES for your 2 kids, he will pay a bit less. He will be required to carry health insurance on the kids and pay 50% of all uninsured medical.
Just because he's had an affair, it does not mean that you automatically get custody of the kids.
If you stay married, get a will. If you don't and your husband dies then the new baby will automatically inherit under TX law. I doubt that you will want to have to deal with the baby's mommy!!
I also recommend that he get a separate life insurance policy to cover his child support. Again, if he dies his estate owes his child support.
I hope that he is saving all his receipts for this kid. Otherwise, she can go after him for child support back to his birth. Then he gets to pay 6% interest on the past-due support.
I think you need to meet with a lawyer in person to go over all your options. As you can see, it's just not that easy via email. I've only scratched the surface.
Happy Holidays!
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