Legal Question in Family Law in Texas
My son is getting divorced. It has been in the making for three years. It will soon be done. My son has bought shoes, clothes, paid for and taken the two boys for all their haircuts and so much more. He pays the mother 800 dollars a month and she buys so very little. She will not buy shoes when they are falling off their feet and are to little. She will wait my son out. He can not stand to see his sons going to school looking like hobos so he will finally go buy what they need. He should not have to do this completely being he is paying her child support for those very things. What can he do about it?
1 Answer from Attorneys
I assume that your son has an attorney. He needs to talk to his attorney.
What can he do? Nothing.
If he pays child support it goes toward things like electricity, gas in the car, food, rent, water, a/c, etc.
His child support comes first since he can be jailed if he does not pay it. He is ORDERED by a judge to pay his child support.
When he has possession of the children, it is his obligation to buy things for the children that they need (like a bathing suit, winter coat, shoes, underwear, tooth brush, soap, food, etc.) He is not obligated to return these items to the mother's home. I assume that his final decree of divorce will include language regarding this - it usually does in the State of Texas.
If mom is unable to provide the basics, he needs to document this. If the kids don't have the basics they need to survive, then perhaps he should seek custody. He needs to talk to his attorney about seeking custody.
I hope this answers your question. It appears that you live in the Houston area. If your son does not have an attorney he needs one pronto!
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