Legal Question in Family Law in Texas

Ok a little history & a few questions. I filed for divorce and my ex was served the divorce decree and waiver yesterday. Previously we discussed everything in it & he agreed to sign it. Now he says the child support amount is too much (he pretty much wants to pay nothing at all) and that he wants a paternity test on our youngest child. Also the decree states his first child support payment is due July 1st which hasn't been paid because he was just served 7/17/14. Here's where i'm having issues, the decree states he could get our daughter for a month in the summer, he already had her from january to march & i contacted my lawyer to ask if i could send her up there and my attorney said no because he hasn't signed the papers. Now my ex says he will find me in contempt of court since he wont get to have her this summer for a month. Can he do that? Can he be found in contempt for not paying the child support? His new girlfriend has 3 kids and he's living in her house with her and one child (she doesn't have custody of the other 2) and he says he can't afford to pay that much child support because he has to pay most of the bills (she's not helping him pay even though she works and it's her house) can he use that as an excuse not to pay child support on his kids? Her kids are not his. Thanks for any help! I'm totally confused & lost since i've never been through a divorce before, i'm young and just want to make sure I wont get into any trouble. I just feel like the amount they are asking is fair especially since he has only paid me $40 since November!


Asked on 7/18/14, 6:44 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You have an attorney - please contact the attorney and discuss.

It is inappropriate for any attorney to comment on your case since you have an attorney representing you. Your attorneys knows the facts and it is best to talk to your attorney.

If nothing has been signed with the court the you are not yet divorced. So he does not owe child support and there are no orders to enforce.

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Answered on 7/18/14, 6:56 am


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