Legal Question in Family Law in Texas

My boyfriend has 3 kids that he has joint custody of with his mother, we pay her $400 a month in child support. He and I are not married but have been together for 7 months and living together for 7 months as well an have decided to open a business as a general partnership. My question is can she take us to court to try and get more child support money from the business were opening?

Asked on 10/20/13, 11:26 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator
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The short answer is yes.

His child support is based on how much money he makes from all his resources. If this business makes money then he will be liable to pay more child support if he is one of the owners of the business.

You might want to talk to an attorney before you open this business.

If you try to "hide" this money then you are committing fraud. Fraud is a very bad idea for many reasons. Talk to an attorney in person as to why it's a bad idea.

On the other hand, if you make a lot of money, shouldn't he support his children? It is the proper and ethical thing to do. Most people are excited to make a lot of money.

If he starts spending money on things -- vehicles, new home, trips, etc. then the judge can assume that he is making money somewhere and he is "hiding" it. Judges are not "stupid". They also know that people try to hide money and not pay their child support. This is usually not wise. Judges can "assume" that he is hiding money and still order him to pay the higher child support is the judge can see that he is living a higher standard of living.

Or, you can make all the money and never marry. You are not obligated to support his kids.

Again, I highly recommend that you talk to an attorney before you open your business and do everything the correct way.

Good luck!

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Answered on 10/22/13, 1:01 pm

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