Legal Question in Family Law in Texas

Divorce and Retroactive Child Support
My husband and I have been seperated since 5/03. A month after he moved out he got arrested, and already being on felony probation he ended up getting a 5 year sentence. He has been incarcerated ever since. He will probably be paroled in 9/05 and I want to file for divorce before he gets out. We have a 5 year old child together. I'd like to know what the laws are regarding custody, visitation, and child support in situations like this. He graduated from college and had been working in the same field for 20 yrs (although never at the same place for more than 2 yrs). His last job before he was arrested he had been at for less than 6 months. How will the courts determine the amount he'll have to pay in child support? Will he be required to pay it starting the day the divorce is final or the day he went to jail since obviously he has not contributed anything to help support our son since then? Also, our son has a disability and goes to therapy. I'd appreciate any information you can give me.

Asked on 4/06/05, 2:30 pm

Fran Brochstein Attorney & Mediator

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Re: Divorce and Retroactive Child Support

I'd file the divorce now since it will be really easy to serve him.

Child support will start (usually) around 30 days after he gets out of prison.

Usually the courts set it at minimum wage based on a 40-hour work week.

Good luck,

Fran Brochstein

www.familylaw4u.com

713-847-6000

Answered on 4/06/05, 2:45 pm

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