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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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I have a child support issue. My husband is going back to court

Customer Question

I have a child support issue. My husband is going back to court to have his child support modified and reduced. He is asking that it be reduced because he has taken a 15% reduction in pay and has had another child (Currently he has 2 children with me) He has a 12 yr child in Texas who he does not see and currently pays $952/mo for. My husbands baby's mother is now saying that she will apply for welfare and not only will he have to pay child support to her he will have to pay the state of Texas back for the welfare benefits that she receives. Is this true?
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
To answer your question, it is possible to collect welfare and child support at the same time. Of course she would need to qualify for the benefits, depending on te TX welfare laws. The state can then ask your husband to repay (typically by deducting it from is wages). If she is infact working, that information would need to be presented to the agency to refute why she should not be getting welfare.

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Customer: replied 7 years ago.
Would my husbands child support go directly to her as it has in the past or will he be paying the state of Texas? I guess a better question is would he have to pay more than usual becuase she is on welfare?
Expert:  lwpat replied 7 years ago.
He will not have to pay more. Usually welfare takes into account any support she is receiving so that would continue to go to her. You can ask the court to impute minimum wage to the mother. Here is the calculator for Texas. Unless there is at least a 10% reduction you are wasting your time.
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience: Practicing family law attorney
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