Legal Question in Family Law in Texas

Does my children father have rights if he is illegal here in the US and hasn't seen or call them and refuse to pay child support he states that since he is illegal here he cant be taken to court for child support cause he have false documents and no SS#?

Asked on 10/23/13, 8:13 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

He's wrong, wrong, wrong!

Many illegals pay child support. The TX courts just ignore the fact that he has no social security number and false documents. His "status" is just ignored by the family courts.

You can go to the TX A G court and file or hire a private attorney.

You will need to have him served with legal paperwork.

Of course, since he has no social security number, collecting the child support might be difficult. But if he does not pay, then he can be put in jail. The courts have no problem putting a man (whether he is here legally or not) in jail for not paying his child support.

On the other hand, he might decide to return to his country of origin and you will never receive any money,

I would encourage you to talk to a family law attorney in person about your matter.

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Answered on 10/24/13, 9:30 am

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