Legal Question in Family Law in Texas

Temporary hearing-Child Support

My brother has been separated from his wife for over a year. During that time, he has been the primary custodial parent with no support from his wife. As of yesterday, the judge ruled in a temporary hearing that he would remain the primary and ordered his wife to pay child support. She has now told my brother that she is going to withdraw her petition for divorce and start over again. I suspect it is because she does not want to pay support and did not like the judge's ruling. My brother's attorney told him not to worry about it, as he has filed a petition for divorce, so her withdrawal will make no difference. I just want to get confirmation on this, because my brother has gone without support for so long. We fear that she can drag this out indefinitely, while my brother still receives no child support. Thank you in advance for any help you can provide.


Asked on 7/10/08, 3:07 pm

1 Answer from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Temporary hearing-Child Support

Your brother has an attorney and should listen to his or her advice, but in general if one party has filed a petition and the other party has filed a counterpetition, the case will stay active unless both parties non-suit their cases. Now that there are temporary orders in place the mother can be held in contempt if she does not pay the court ordered child support. I'm sure your brother's attorney will explain this to him.

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Answered on 7/10/08, 6:10 pm


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