Legal Question in Family Law in Texas

voluntary child support

My husband has a 17 yr old who has been removed from her mother's custody by CPS. Her parental rights were recently terminated and the current foster mother contacted us saying she is in the process of adopting the child and is willing to drop any claims to past child support if my husband agrees to pay now. He has always paid and had medical on the child and she knows this, that is why she says she is not trying to be vindictive(she also knows the mother and knew that she was receiving money from him). He has never been served and the judge told the foster parent that they would now renew efforts to serve him. The child's lawyer(cps) told her they are willing to work with state attny to work it out as long as no order for support had been made, which it never has(no Dna ever done, but he accepts the child). However, the judge told her that he would issue an order on Oct.23 when they come back to court. Should my husband get a lawyer to ensure that the state accepts this agreement. The foster(soon adopted)mother wants to just make an agreement and have it notarized, then show it to the 2 lawyers involved for the child for their acceptance. Is that possible? What should by husband's next steps be? Please advise before Oct. Thanks


Asked on 7/09/07, 12:27 am

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: voluntary child support

If I were him, I'd file a document with the court asking to be involved in this lawsuit.

Of course, it's up to him.

If he gets serves and does nothing, then the court has the right to do anything to him -- if there is testimony that he's a multi-millionaire he can be ordered to pay child support of at least $1,200 per month.

You can't stick your head in the sand and pretend that nothing is going on.

If you don't do anything and things go wrong, it's going to cost you a lot more to fix it later than it will to do something now.

Read more
Answered on 7/09/07, 8:46 pm
Bruce Turner Bennett, Weston, & LaJone, P.C.

Re: voluntary child support

I dont understand. Contact me for more assistance.

Read more
Answered on 7/13/07, 1:22 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas