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Should my husband keep paying child support for his 1st 3 children?

Houston, TX |

Recently my husband was in court for custody battle of his 3 kids and was granted custody of his children because 2 of his kids were molested in the mothers care( I am not the mother of these 3 kids, however I am married to him now and have 2 other kids with him). The judge told him that he would have to pay child support and was just reduced $50 a month and once a year his ex-wife is allowed to claim a child for income tax. But why is my husband obligated to pay child support if he has custody of his children? I want to know if my husband can build a case so that he no longer has to pay for child support since the kids are in his custody. Also would he be able to present this case to different judge?

Attorney Answers 3

  1. If your case is in Harris County, you will always appear in front of the same judge.

    It is impossible to answer your question without sitting down with you in person and looking at the paperwork. Quite frankly, what you describe does not make any sense.

    For example, a Texas judge had not jurisdiction over federal income taxes. I recommend that your husband talk to his CPA about the tax deductions on the children.

    If your husband owes past-due child support to his ex or to the State of TX then he could be ordered to continue to pay child support even though the children are now with him.

    I would highly recommend that you pay for an hour of an attorney's time & sit down and discuss your questions in person.

    Good luck & thank you for taking custody of these children!

    Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.

  2. Either these facts are not completely accurate or there is something very peculiar about the way the modification was requested by your husband. He needs to talk to a lawyer about his situation.

  3. As my colleagues mentioned, these are peculiar facts. However, taken at face value, your husband may want to consider a Motion for New Trial or an appeal if he believes the Judge made a mistake.

    You should sit down with Ms. Brochstein to review your options.

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