How long does the child support process take?

I am currently living with my two children’s father. He is emotionally abusive and physically abusive. I know he doesn’t want custody. He just says he will not ever pay me child support. I have did some snooping and have copies about 12 pay stub on top of some other info. I had to get Medicaid when I was pregnant because he would not provide insurance for us and now my girls have Medicaid. I just didn’t want it to affect their insurance. I guess the main issue is I don’t feel like I can leave until I feel like I’m going to get child support. I sing for a living a s only make about $20,000 a year. He has 2$ kids from another woman pays 478.

Asked on September 5, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The process varies by case and by judge.  In a best case scenario, if everything is agreed to, then you can have temporary orders entered within thirty days of filing for divorce with the first payment due approximately 30 days after that.  If he contests temporary orders, then it could take a couple of months longer. 

Once an order is in place, you can also request the court to issue a garnishment order so that his child support obligation is paid on a regular basis.  As long as he has a job, you should get some payment.... however, if he quits or is fired, collection always becomes more challenging.

Considering your current income level, him contributing child support should not affect your Medicaid eligibility. 

You mention another issue-- which is him being emotionally and physically abusive, but feeling like you cannot leave because of finances.  You shouldn't have to live in fear or emotional abuse.  Many counties, churches, and non-profit organizations in Texas offer help to women who need temporary housing to get on their feet while a divorce gets started.  They can also hook you up with a legal services group to provide you legal representation during the divorce.


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