Legal Question in Family Law in Texas

Split custody/child support

My husband and his ex-wife divorced about 7 yrs ago. My husband has custody of their son, she has custody of their daughter. In the divorce decree, no child support was awarded to either of them due to the split custody. Now, she has applied for food stamps and the Attorney General's office told her that they could change the decree and get child support from us. How likely is this to happen and what percent of my husband's income could she get being that each one has custody of a child. Would they take into consideration that he now has another child with his second wife? Also, could we counter sue for child support?


Asked on 3/01/02, 5:57 pm

3 Answers from Attorneys

Donald Teller Law Office of Donald E. Teller, Jr., P.C.

Re: Split custody/child support

The AG could try to get child support, but then you could also ask for child support. The way it should work is that each of you would pay child support to the other. To some degree the payments would cancel each other out, but one could be higher if that parent makes more money. Also, as the children age, the child support on the older child would stop after high school but the child support on the younger child would continue. Also, yes the child he has from another family is taken into consideration in determining the proper percentage of his net resources. I hope this helps.

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Answered on 3/01/02, 6:09 pm
Michael O'Connor Michael O'Connor, Attorney-At-Law

Re: Split custody/child support

You might try asking her if she wants to give you custody of the child. If not, you could file for a modification of the decree to get custody. The problem is, if she's getting welfare for the child, the AG's office wants to get the state's money back, and your husband has the money.

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Answered on 3/01/02, 6:13 pm
Eric Williams Law Office of Eric L. Williams

Re: Split custody/child support

With split custody, a general rule is that the parent making more money pays child support based upon the difference between what each parent would owe the other.

The other child should be taken into consideration using the proper formula.

If she's applying for aid, the ex-wife may have some financial problems. Would the other child's best interest be served if she lived with dad ??

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Answered on 3/01/02, 6:22 pm


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