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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27224
Experience:  Attorney with experience in family law.
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Am looking up information on child support. The mother of my

Customer Question

am looking up information on child support. The mother of my child quit her job and refuses to work; because she believes she doesnt need to work if she puts me on child support. Is this legal?
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No i have not. I also had a child support meeting today but she did not show. They said if she does not show then it goes to court, but if i dont show then they make all the decision. Is that fair?
JA: Is there anything else the Family Lawyer should be aware of?
Customer: Yes if she does not show up for the reschedule appointment do we have to go to court or can decsions be made without her present?
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and connect you two.
Submitted: 7 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 7 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Child support is governed by state laws, which can vary. What state is the child living in?

Customer: replied 7 months ago.
In the state of texas
Expert:  Lucy, Esq. replied 7 months ago.

Thank you.

First, no, it's not fair that the hearing goes forward without you but is rescheduled if she's not there, but it is legal. Because the money is for the child, not the parent, it wouldn't be considered fair for a child to have to be not supported because his mother missed a hearing. So, the state will continue the case because their focus is on doing what's best for the child.

As far as support itself goes, in Texas, support is based on the father's income and the number of children. The mother's income doesn't come into play at all, so she shouldn't get any extra just because she's not working. Take a look at this calculator to see what you might be obligated to owe.

If she tries to claim that she needs a deviation from the amount provided by that calculator because she's not working, then you can argue that she should ALSO be required to work to support her child and that you should not have to pay extra because of her refusal to work. As long as you never signed something promising to support her, the law is on your side. Not working is a luxury, not a right, and she doesn't have any right to make you support her in addition the child if you were never married.

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