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My fiancee has been living with me for 4 years in New Mexico, and I have two children (different father). He has been basically their father since he has lived here, and has provided for us. He has two children back in Texas (different moms). When they were awarded child support like 10 years ago, he was making 6 figures a year, but then he broke his back and was unable to work. Ten years later he will get a job, and they take half the check for his kids (which is fine I guess), but then they tack on the insurance and he is left with about 100 dollars every two weeks. The Texas courts now say they are going to file felony charges against him. He has spoken with one of the mom's and she says she doesn't want the money, and her husband wants to adopt the child. My questions are: Will they come to the house and arrest him here in New MExico? And is there any action he can take to pay some of what he owes, and still be able to provide for our family? Thank you.
Hello, and thank you for contacting the just answer team. First and foremost, if one of his daughters in Texas is adopted by another man, this should eliminate any financial debt he owes to her because he will no longer have a legal relationship with her. Also, in the case of the other daughter in Texas, he can certainly petition the court to alter his child support order due to a significant change in circumstances, but that will require either going in to the Texas court or hiring an attorney to do so on his behalf. As for whether or not a warrant in Texas can be effected in New Mexico, the answer is that New Mexican authorities/police may be asked by the Texas authorities/Police to arrest him and extradite him to Texas if they believe that it is worth the resources to do so. It is difficult to know for sure if this will occur. The charges involved probably aren't worth it for them, but you never know, and it is certainly a possibility.I hope this helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work. Take care
Thank you very much for your reply. I just was still curious about the money they take out, I know if he went to court and tried to have the amount altered it would cost more than we could afford (we make about $15K a year), but is it legal for Texas to take out more than 50% of his check, and is there a way for us to make sure they don't without going to court?
Unfortunately, there is no cap on the amount a court can order a parent to pay in child support. Generally, this is based on a number of factors, including his income at the time of the order. The only way to have the order changed is to petition the court. This can be done through self-help, but will likely require him to be in Texas to file papers (although you can check with the Texas Courts to see if something can be filed by mail/fax).I hope this helps further, and if you have any other questions, just ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work. Take care
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