Legal Question in Family Law in Texas
Single mom has child with Married Man
I have a child with a married man who is self employed that I don't believe has paid any IRS taxes in forever. He was married when the child was conceived and is still married today. I have three questions:
1. If I file for child support with the Attorney General and they find out he hasn't been paying his taxes, what could possibly happen to him?
2. Would I receive support based on the man & his wife's income as they are still married today?
3. Since he is self employed, how will the support be garnished?
I am a single mom and really struggling financially. Any advice you can offer would be most appreciated. Thank You!
1 Answer from Attorneys
Re: Single mom has child with Married Man
1. Generally speaking, the Texas A G does not bother with IRS issues.
However, this is HIS problem -- not yours!
2. Child support would be based ONLY on the father's income. What his wife makes is irrelevant.
3. Generally speaking if he is self-employed, his wages cannot be garnished. On the other hand, if he has payroll for his employees then he would be ordered to technically garnish his own wages.
However, that does not relieve him of the obligation.
He would pay the money to the State Disbursement Unit in San Antonio directly. Since there would probably be no wage withholding, he would write the check himself instead of his employer doing so.
How much money will you receive?
If he is self-employed and does not file taxes, it will be difficult to determine what he makes.
Worst case, he would be ordered to pay minimum wage child support based on a 40 hour work week.
If he has other minor children he is supporting, then your percentage of child support will be reduced.
I hope this information is helpful.
Fran Brochstein
www.familylaw4u.com
713-847-6000
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