Legal Question in Family Law in Texas

Unfair child support for non-biological child

My husband currently pays child support for 2 children. One is not his biologically because the mother had an affair and was proven by DNA testing that this child is not his. She is now married to the bio-father. My husband lived with this child for about 3 years before they divorced and now pays child support for her. He has paid support for about 4 years. I don't think he should have to pay if she lives with both her biological parents. I know we can take the mom to court to remove him from legal responsibility, however, I don't think it's fair that we should have to pay for her mistake. I also think he should get the child support returned that he has already paid. He is currently paying about 27% of his take home. Is this possible?


Asked on 1/12/01, 10:05 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Unfair child support for non-biological child

If your husband has been found by a Court of law to be the father of this child, then he IS the father of this child.

I had the exact same set of facts in my office last year and the Harris County Court refused to make the real bio-dad the "father" of the child. All 3 adults agreed that they wanted to make the change but the Judge refused.

However, you can always go to Court and see what happens. Perhaps it might work in your case.

It is also my opinion that the Court will not refund the money he has paid for child support.

You need an attorney to review the Final Decree of Divorce in order to give you a complete answer to your questions.

If you live in the Houston area, I offer a free consultation.

Best of luck to you.

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Answered on 1/28/01, 9:46 pm


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