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My ex girlfriend won't let me see our son. what can i do

Denton, TX |

My ex girlfriend and I split, now she won't let me see our son, unless I agree to her demands, one of which is I give her 400 dollars a month for child support. What is my best course of action. I want to see my son but I cannot make the 400 dollars a month payments

Attorney Answers 2


  1. File a motion with the court to get visitation and/or custody. However, you should know that once your case is in the system, you may need to establish paternity, and once there is a custody/visitation order put in place, you will likely have to pay child support anyway, but it will be calculated by your income, and other factors.

    The information and materials contained on this website do not constitute legal advice and are presented without any representation or warranty whatsoever, including as to accuracy or completeness. They are not intended to create, and receipt of them does not establish, an attorney-client relationship between you and Jenn Yan Wen Fei. Additionally, any contact between you and Jenn Yan Wen Fei does not establish an attorney-client relationship; any communication is not confidential. You should consult an attorney for individual advice on your specific situation.


  2. The short version on this is that you have every right to see your son, and she has every right to get child support for him. Assuming of course that he actually is your son. You'd be surprised how often that turns out not to be the case--go ahead and get a DNA test now, it could greatly simplify the mess that would otherwise result if you find out five years from now that he's not.

    She can't actually deny you possession of your sum for non-payment of child support, but foe either of you to force either issue, you're going to have to file a court action, and eventually, you're going to end up owing child support back to the date of the split. Any money you do give her, make sure you document it. Writing her a check with "September 2011 child support" in the memo line should be sufficient. If you'd like to know how much you actually owe her under Texas law, there's a statutory formula for determining that that's usually not varied from much unless there's aome good reason (like you refuse to work ao that you conveniently don't have an income, or your child has major medical expenses). Here are some links to help you figure out what you should actually owe:

    https://www.oag.state.tx.us/cs/taxcharts/2010taxchart.pdf
    http://www.alllaw.com/calculators/Childsupport/texas/

    Use the AG's chart to figure out what your monthly net income is and then put that amount into the calculator in second link, and it will tell you what the default monthly child support amount is.

    For example, if you have a $36,000 total annual income, that would be $3,000 gross monthly income, which the chart says is $2,472.27 net monthly income. Multiply that by 12 to get your annual net income ($29,397.24 in this example). When you plug that net annual income into the calculator, it will tell you that, assuming you have only one child and your not paying your child's health inaurance, you'd owe $488 child support per month. so that should give some idea of whether what she's asking is reasonable. Good luck.

    This answer is intended only to give you general information on the subject you've asked about and does not constitute legal advice or establish an attorney-client relationship. If you feel you may need legal representation, please contact me by phone at (409) 750-0757, or by email at elizabethfoleylaw(AT)gmail.com, and I'll be happy to provide you with a free consultation about your case (up to 30 minutes) and an explanation of my fee schedule, payment options, and the different levels of representation I offer to fit your specific legal needs and budget.

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