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Do I need to file for custody of my 12yr old before filing for child support? If so how would I do that?

Houston, TX |

I have a 12 yr old daughter and need to file for child support. The father lives in another state. I need help with medical and dental. We have never been married and I tried once to file for child support but the attorney general told me they can't get his income because he lives in another state. So if I got custody first would they then be able to get his income?

Attorney Answers 4

  1. Best answer

    As the mother you should have custody already. You also can try to start a child support proceeding and if necessary both states need to work together for collection and enforcement. How this goes will depend on the facts of your case.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

  2. Texas attorney general can get what is reported to Texas workforce commission. Which would be unemployment. You can file and serve him, you child support would be based on what you testify as to what you believe to be his income and then you apply Texas guidelines

  3. You do not need to file for custody, but you should file a suit for paternity and hold support. Please consult a Family attorney in your local area. Many attorneys, like myself, give a free initial consult and can give you clearer guidance based on all the specific facts of your case. Take all documentation with you for review by any attorney you contact, you will get a better assessment of your possible options and outcomes

    This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.

  4. You need to have an attorney file what's called a parentage action. This would establish paternity, custody, visitation and child support. An attorney who specializes in family law can easily take care of this for you. To establish his income we can request discovery or subpoena his work records. He is also required to provide his last 2 years tax returns an last 2 paytubs in accordance with Harris county local rules

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