How long does the child support process take?

UPDATED: Sep 5, 2012

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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


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

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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