07/11/12, 4:04 pm
hello, i have a 12 yr old daughter and have been separated from her mother for several years. I live in TX, just got remarried 2yrs ago and about to have our 1st child. My ex is now pursuing child support. Up until now we've had a standing agreement on money I contribute. She also stays with me throughout the week, and I take her to the doctor as well. What are my next steps? What are possible outcomes?
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United States   |   Texas  |  Family Law Divorce Child Custody and Adoption
Cost: Free


Fran Brochstein Says:

Jul 13,2012 7:14 PM

I assume that you and the mother of your child both live in San Antonio since you are able to see her on such a regular basis. I would be in an attorney's office immediately. I believe that Clint Lawson lives in the San Antonio area. He used to live in Houston. Tell him that I told you to call him. He is an excellent attorney. I'm not sure of his prices-- but it is worth a telephone call to him. It does not sound like you have court orders in place at the present time. Therefore, you definately need an attorney to assist you in making sure that you get the best "deal" that you can get. The new child could reduce your child support to be paid on your eldest child. However, the new child needs to actually be born to be relevant. Your wife merely being pregnant is not enough. Why? Because the pregnancy might not end up in a live birth. Therefore, you might want to drag this case along until the new baby is actually born. This is one reason to hire an competent family law attorney to assist you in your current case. Also, you will want to ask for joint custody of your child and not allow the mother of your child to have sole custody of your child. You state that you are separated from her mother. I assume that the two of you were never married. If you are married and you got married again, then you are a bigamist under Texas law and this is a crime. Again, if you are still married to the first woman, I would be running to an experienced family law attorney for legal advice pronto. In addition to child support, you will be obligated to pay for this child's health insurance as an additional form of child support. You did not ask but what the mother makes in income is irrelevant. Also, what your spouse makes in income is irrelevant. However, what your spouse makes can be disclosed if "discovery" is issued in the legal proceedings. If you file joint tax returns then the mother of the child will learn what you spouse makes if she works outside the home. I hope that I have not confused you by my answer. I find that people have a lot of questions when they first come into my Houston office. Please don't call me. I don't go to San Antonio. However, I noticed that no one had answered you and I thought that if I could point you in the right direction would you appreciate it. You might want to check out one of these websites - or -- they both allow people to post free questions and attorneys can answer for free. It's a good way to find a good attorney. lists hundreds of family law attorneys so look around because their rating system is very easily to manipulate and get 10 out of 10!

A Legal Services Agreement must be signed by the attorney and the client before an attorney-client relationship is established. Fran Brochstein is only licensed to practice law within the State of Texas and her legal knowledge is only based on Texas law. If you live outside the State of Texas, please consult an attorney within your state. You are strongly urged to consult an attorney in person to discuss your legal situation.

Fran Brochstein
Law Office & Mediation Practice of Fran Brochstein
8978 Kirby Dr,Houston, TX 77054

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