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stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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Customer Question

My daughter in question is about to turn 18 and we have a mutual agreement on child support. This has been the case for awhile and she does not have my name and is not on the Birth Certificate. There was a DNA test done about 4 years ago which showed her as my daughter. Her ex husband still has a relationship with my daughter to some extent, however we both live out of state. I also thought he was paying child support in the past, but do not know if he still is. She now wants a written document for court admission and stated that this is for continuing education and it can continue until age 26? It seems to me that this should end at 18, she already graduated HS. I am wondering why this is coming up, we are also coming to terms with our 7 yr old that is in the same situation which I can understand, but not our older daughter.
Submitted: 2 years ago.
Category: Family Law
Expert:  stevexo replied 2 years ago.
Good news, there is no basis for what she wants. In Texas see family code 154.002(b) unless the child is still in high school support ends at 18. Thus in your case your support obligation ended when the child turned 18. The other man has no obligation at all to pay any child support so any issues with that would not be relevant as he has no legal obligation to the child.She is not entitled to any written document from you to continue support and I advise against signing anything, as she has no legal basis for her request. The reason she is doing this now is because she needs money. These threats have no basis in law. Sincerely, Steve
Customer: replied 2 years ago.
I am not on the birth certificate with either child, except for the dna test that was done previously. I know the law says 20%, I am currently paying 250 a month, which is less, since I make about(NNN) NNN-NNNNper pay period. She wants to enter this into the courts for the record, however she was also talking about my older daughter as well. Should I let this go to court, all I hear is nightmares about the TX support system, and being out of state it is already difficult to see my daughter, not to mention I have no legal rights except for a dna test.
Expert:  stevexo replied 2 years ago.
Let it go to court! I would have to advise you to not sign anything that would continue the child support for the child who is 18, as by law support is no longer required for that child. It does not matter if you are on the birth certificate as the DNA test establishes paternity. Thus the court cannot order you to keep paying support for that child, and for the other child let it go to court, to establish your rights to visit with that child. You will make out better in court then to sign a stipulation for support she is not entitled to. Sincerely, Steve

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