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I have a child support issue. My husband is going back to court

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to have his child support...
I have a child support issue. My husband is going back to court to have his child support modified and reduced. He is asking that it be reduced because he has taken a 15% reduction in pay and has had another child (Currently he has 2 children with me) He has a 12 yr child in Texas who he does not see and currently pays $952/mo for. My husbands baby's mother is now saying that she will apply for welfare and not only will he have to pay child support to her he will have to pay the state of Texas back for the welfare benefits that she receives. Is this true?
Submitted: 8 years ago.Category: Family Law
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9/1/2009
Family Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
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Category: Family Law
Satisfied Customers: 20,012
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To answer your question, it is possible to collect welfare and child support at the same time. Of course she would need to qualify for the benefits, depending on te TX welfare laws. The state can then ask your husband to repay (typically by deducting it from is wages). If she is infact working, that information would need to be presented to the agency to refute why she should not be getting welfare.



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Customer reply replied 8 years ago
Would my husbands child support go directly to her as it has in the past or will he be paying the state of Texas? I guess a better question is would he have to pay more than usual becuase she is on welfare?
Family Lawyer: lwpat, Lawyer replied 8 years ago
lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
Experience: Practicing family law attorney
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He will not have to pay more. Usually welfare takes into account any support she is receiving so that would continue to go to her. You can ask the court to impute minimum wage to the mother. Here is the calculator for Texas. Unless there is at least a 10% reduction you are wasting your time.

http://www.co.travis.tx.us/records_communication/law_library/default.asp
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lwpat, Lawyer
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