Legal Question in Family Law in Texas
Seven years ago I got a divorce. I wanted a divorce even though I still lived with my ex-husband. I found out a week later I was expecting. I have been told the divorce was invalid because we were living together and I was expecting. We moved out a year after my son was born. Is the divorce still valid? He says he does not have to pay child support. I know I will have to take him back to court for my youngest son. Is he supposed to pay child support for my oldest?
1 Answer from Attorneys
The divorce is valid. The oldest son should have been dealt with in the decree (a finding that this son was born to the marriage, and orders for conservatorship and support).
You WILL need to go back to Court, however, to establish paternity of the "new" child and to establish a support order.