Legal Question in Family Law in Texas

Woman Marrying a man with a child

I'm marrying this man and he's not sure if he has a child or not. If the woman put him on child support and if he is not working would they take that money out of my check me being his wife.


Asked on 3/08/01, 3:51 pm

3 Answers from Attorneys

Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Woman Marrying a man with a child

No, they will not touch your check, call me.

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Answered on 5/28/01, 12:35 am
Eric Williams Law Office of Eric L. Williams

Re: Woman Marrying a man with a child

Since the child support obligation is not yours, money cannot be taken out of your check to satisfy his obligation.

As a side note - he shouldn't have a child support obligation if the child isn't his - saying he doesn't know if he has a child or not is not a good sign. Your first sentence indicates that maybe you need to think this through before you get married, but that's only my opinion.

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Answered on 5/18/01, 10:08 pm
Fran Brochstein Attorney & Mediator

Re: Woman Marrying a man with a child

If a paternity test has not been done, I would recommend it. It is no longer a blood test - it is now a mouth swab. Painless and takes just a couple of seconds. Only the father and child need to be done. It is nice if the mother will cooperate, but she is no longer required. The cost is several hundred dollars. The Texas Attorney General's office gets a rate of under $200 because they have contracted with a company and they do so many.

I hear there is also a "home" test so you can swab the child's mouth at home without scaring him, but I don't know much about it.

Please be advised that the test will never come ut 100% accurate if he is the father. His score will be in the 99%. However, if he is not the father, the test can clearly show that and he will be excluded from being the child's father.

He signed papers that he is the child's father and a Court of law has signed papers declaring him to be the child's father. Then he is now the proud father of the child.

If you have any questions and live in the Houston area, please feel free to give me a call.

Fran Brochstein

713-847-6000

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Answered on 5/22/01, 9:15 pm


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