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Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1408
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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And...my husband who had the child while still married to me

Resolved Question:

And...my husband who had the child while still married to me is incarcerated. how should he respond to the lawsuit of child support.
remember the woman may still be married to someone else
He has never worked.
He has no w2 forms
I have supported the two of us.
I want to know his rights
I want to know my rights
And.. for you all to suggest a good divorce attorney in Fort Worth, Texas based on all this data.
Submitted: 1 year ago.
Category: Family Law
Expert:  Amber E. replied 1 year ago.
We can not make a referral. If you would still like information about your other concerns, we can proceed. Please tell me, is he certain that the child is his? Is he disabled or otherwise incapable of working? Also, how old is the child and how long has he known about it?
Customer: replied 1 year ago.

The child was born sept 2010 and he has known about it from day 1.


He has signed the birth certificate before leaving the hospital without thinking.


He is not disabled but he is a cheater and is lazy.


I am the one who just found out about all this.

Customer: replied 1 year ago.

What do I do/

Customer: replied 1 year ago.

Do I just stay online or you will get back with me later?

Expert:  Amber E. replied 1 year ago.
As far as your rights go, spousal income is generally not included in the child support calculation. I already discussed that in the answer to your first question, so, here, I will discuss some of his rights.

The birth certificate creates a presumption of paternity and with it financial responsibility. However, it is not conclusive. A man who believes he has been misled may still demand a paternity test and challenging the document on the basis of fraud. Absent that or if it is determined that the child is his, the court will use his income to calculate support. And by income, this includes income he is capable of earning, despite being unemployed. The court may impute at the very least minimum wage.

In some instances, he can request a deviation from child support guidelines, such as a reduction, suspension or termination, based on circumstances such as disability or hardship. It can also be reduced if it can be shown that the other parent earns more than she claims.
Customer: replied 1 year ago.

does that mean they won't take money from me on my past IRS returns from the last two years or remove money from my bank account because we did have a joint account .


 

Expert:  Amber E. replied 1 year ago.

When the parent who is obligated to pay has not yet fallen into arrears, the custodial parent is generally not allowed to forcefully collect on it in that manner. Only after parent does fall into arrears and demonstrates a willful failure or refusal to pay do tax refunds and assets become subject to seizure.

Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1408
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
Amber E. and 3 other Family Law Specialists are ready to help you

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