What to do if my ex-wife is attempting to take me back for more child support for my biological son?

UPDATED: Oct 29, 2012

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What to do if my ex-wife is attempting to take me back for more child support for my biological son?

I have lived with my fiance and her 2 children for 6 years.The children’s biological father is deceased and my fiance is a widow. I have claimed them on my tax return for 5 years as head of household. On the OAG website it says that if I have other children not before the court, living in my house and have a duty to support then I would owe 16% of my net income to my ex. That being the case, what counts as a “duty to support”? I have read all of my state’s family codes and I can’t find any elaboration to this term.

Asked on October 29, 2012 under Family Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country child support if awarded is based upon the net monthly income of each parent based upon county court guidelines with allocation of percentages of time that one custodial parent has the minor child subject to the support order more than the parent that is subject to a payment schedule.

From what you have written, I suggest that you consult with a family law attorney for greater clarity with respect to your question.

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