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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 763
Experience:  7+ years of experience in divorce, custody battles and mediation.
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My fiancé and I have his daughter in our custody. She's been

Customer Question

My fiancé and I have his daughter in our custody. She's been with us for 7 years. Her mother collects child support on her. How do we stop this?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: San Antonio Texas
JA: Have you talked to a laywer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: there is a lot to this. She abused and abandoned the kids. We don't have much money to pay for a lawyer. Needing advice
Submitted: 1 month ago.
Category: Family Law
Expert:  originallawyer replied 1 month ago.

Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!

Expert:  originallawyer replied 1 month ago.


What you are looking to do is modify the existing child support order. Texas has a "Motion to Modify" that you can use in this instance. You can find it on here

You will need to notify the mother via personal service and also the Attorney General (usually by mail is sufficient) that you are asking to modify the support. His reasons for modifying would be that your fiance is the caregiver for his daughter and the mother is no longer entitled to support.

He should have a pretty good case if he's had physical custody for this long. The more proof he has of this the better. There is no way to do this without notifying her. He can do this on his own, but hiring a lawyer who is well versed in handling child care issues would be able to expedite this process and would be worth the cost. You can use to find lawyers that offer free consultations and many lawyers these days allow payment plans.

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