Legal Question in Family Law in Texas
Can my wife collect child support? We have been together for about 7 years and married for 2. When my son(5yrs old) was born she filed for child support to make his daycare cheaper. She has lived with me the entire time while I covered all of our house bills etc all while paying child support..its become an issue with us because she doesn't see a problem with it like I do..is this process legal? Or is there anything I can do about it?
2 Answers from Attorneys
It is hard to answer your question without reviewing the documents you wife filed to collect child support. If you have actually been paying court ordered child support to your wife, there should be no problem. Just make sure the checks say "child support" in the memo portion and are being paid in accordance with the court order. The problem you have is if you are not making the support payments, you can be held in contempt of court for not following the order.. Even if even if your wife does not enforce the child support obligation, the day care provider may try to do so. Should this happen, you may be able to reduce the child support obligation by showing that the child lives with you all the time and that you pay the all the bills.
Keep all your paperwork until the child turns 22, Paperwork is your friend. Never pay for anything with cash - always use a form that shows proof that you have been supporting your child.
If you have any more questions, meet with a family law attorney.
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