Can I file child support for my two kids while being married? Would this decrease the amount my husband pays for his son?

Asked about 1 year ago - Houston, TX

I want to make sure my kids are taken care of no matter what my husband's ex does. She doesn't spend any money on my step son, we pay her $1100 a month and I still have to buy everything for him. She has a child with someone else who doesn't pay his child support so she always takes my husband back for more money. I'm just tired of worrying if I will be able to do for my kids because of her poor decisions.

Attorney answers (1)

  1. Fran Brochstein

    Contributor Level 17

    2

    Lawyers agree

    Answered . You are asking a series of very complex questions that I will attempt to address very quickly. If you want to know the answers to these questions in greater depth then you need to meet with an attorney in person and pay for their legal advice.

    Here goes...

    If you are married then you cannot get child support from your husband. If you live together, he is supporting your children. The TX A G office would not accept your case.

    Your husband can reduce his child support for his one child by the 2 that he has with you. The next time his ex files to modify his child support he needs to mention that he has 2 additional children. His percentage will automatically be reduced.

    If you ever divorce him, his eldest child will always come first when it comes to child support. You knew that this child existed when you married him and you decided to have additional children with him. I'm sorry for this very harsh statement, but his obligation to his eldest child is #1... before you and your children.

    And, you don't have to buy this child anything. If his mother is not providing for his care, then your husband needs to consider filing for custody of this child. He needs to talk to a tough, smart family law attorney about gaining custody of his eldest son. You live in the Houston area and there are plenty of father's that gain custody of their children in the Harris County family courts. If the mother is negligent, the burden is on the father to prove it but it can be done. Talk to an experienced family law attorney about the odds of gaining custody.

    Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal... more

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