Legal Question in Family Law in Texas

Child support/custody

My husband might have a child with another woman. Will my income be included in the amount of child support? Will buying a home in the future be affected? How old does the child have to be in order to spend time, overnight or daily, with us. What are our rights? What claims can she make on us? We are willing to pay the child support and extra as needed. What can we claim on our income tax? Can we ''force'' her to take a paternity test prior to birth? We want to place the child on insurance ASAP.

Asked on 4/16/05, 1:27 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Child support/custody

You should ask for the paternity test first. If you don't you lose the right to ask for it.

You can read the TX Family Code on line.

Your income is not considered.

If he has no other kids, his child support will be 20% of his "net resources" -- this is defined in the TX Family Code. AND he will have to carry the kid on his health insurance. He will also pay 50% of all uninsured medical costs.

All child support payments are usually paid through the State Disbursement Agency in San Antonio. Be sure to send ALL child support payments thru them. Do NOT give her money direct. If so it is a "GIFT" and not considered part of your child support.

Also, San Antonio "LOSES" money all the time. Therefore, KEEP ALL PROOF OF PAYMENTS. NEVER THROW THEM OUT. One man was past due $15,000 and he was able to prove that he'd paid it all plus $3,000 extra!! IN SUMMARY, PAPERWORK IS A MAN'S FRIEND!

If you are going to the TX A G offfice, I strongly urge you to retain an attorney immediately. They don't represent you!

You need your own legal representation.


Best of luck,

Fran Brochstein


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Answered on 4/16/05, 2:49 pm

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