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txmom78

Junior Member
What is the name of your state? Texas

my sister wants to collect child support from her ex-husband. She was pregnant when her divorce was granted, but this info was not in the decree. If she tries to collect and it is discovered that this info was withheld, are there any legal consequences she should be aware of? :eek:
 


BelizeBreeze

Senior Member
txmom78 said:
What is the name of your state? Texas

my sister wants to collect child support from her ex-husband. She was pregnant when her divorce was granted, but this info was not in the decree. If she tries to collect and it is discovered that this info was withheld, are there any legal consequences she should be aware of? :eek:
What info was not included in the divorce decree?
 

txmom78

Junior Member
BelizeBreeze said:
What info was not included in the divorce decree?
well, she lied to her attorney about being pregnant. According to her decree there were no children involved and she was supposedly not expecting.
 

Ohiogal

Queen Bee
txmom78 said:
well, she lied to her attorney about being pregnant. According to her decree there were no children involved and she was supposedly not expecting.
Then she lied and committed fraud and she will have to answer to the court why she committed perjury.
 

Ohiogal

Queen Bee
txmom78 said:
What is the name of your state? Texas

my sister wants to collect child support from her ex-husband. She was pregnant when her divorce was granted, but this info was not in the decree. If she tries to collect and it is discovered that this info was withheld, are there any legal consequences she should be aware of? :eek:
Does the ex even know he has a child? He may not even be the legal father of this child since it was not born during the marriage. See my other post about her committing perjury which is a CRIME! Watch dad fight tooth and nail for custody when he finds out and the judge be none too happy about this.
 

txmom78

Junior Member
Ohiogal said:
Does the ex even know he has a child? He may not even be the legal father of this child since it was not born during the marriage. See my other post about her committing perjury which is a CRIME! Watch dad fight tooth and nail for custody when he finds out and the judge be none too happy about this.
This is exactly what we assumed might happen. She told him when the child was 2 months old. Child is now 4 yrs old. Is it possible for him to gain custody even if it has been that long??:confused:
 

BelizeBreeze

Senior Member
txmom78 said:
This is exactly what we assumed might happen. She told him when the child was 2 months old. Child is now 4 yrs old. Is it possible for him to gain custody even if it has been that long??:confused:
Possible yes. It's also Possible that the sun will not rise tomorrow or that the cubs will win the world series or that I'll turn into a nice guy....

But none of these is probable. INcluding him getting sole custody. now, if you're talking about shared joint custody, probably after a time.
 

txmom78

Junior Member
BelizeBreeze said:
Possible yes. It's also Possible that the sun will not rise tomorrow or that the cubs will win the world series or that I'll turn into a nice guy....

But none of these is probable. INcluding him getting sole custody. now, if you're talking about shared joint custody, probably after a time.
Fact is, she commited perjury. So, I need an opinion. Will the pursuit for obtaining the child support be more of a legal hassle than what it's worth? The father can use that to his advantage to complicate things right? Our main concern is the child's well being.
 

mommyto4

Member
im no lawyer but reading the facts I would keep her as far away from the court rooms as possible and tell her to get a second job to make up the difference.
 

bononos

Senior Member
txmom78 said:
considering the situation, I think that sounds like some good advice...
You say the pregnancy wasn't admitted.
Did she actually know she was pregnant at that time?
(I'm guessing she did)
When was the divorce final?
When was the child born?
 

BelizeBreeze

Senior Member
O.K. let's hold on there little filly....

First, although she may have committed a fraud upon the court, that in no way subtracts from any claim the CHILD may have to receive support from the biological parent.

Texas Family Code § 160.204 stipulates that paternity is established to the husband when;

he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

So, do some math. Proving perjury will be based on the date of birth and when the petition was filed.

As for determining paternity, if the child was born with the above timeframe, then he is the legal father.
 

Ohiogal

Queen Bee
txmom78 said:
Fact is, she commited perjury. So, I need an opinion. Will the pursuit for obtaining the child support be more of a legal hassle than what it's worth? The father can use that to his advantage to complicate things right? Our main concern is the child's well being.
If the concern is the child's well being, the child has a RIGHT to know her father. The child has a right to know that daddy is out there. the child has RIGHT to that relationship. So truthfully, sis should suck it up and file for child support from the dad and allow dad a chance to be a father. Technically child and daddy have a right to a relationship even if SIS acted selfishly and illegally. If sis is concerned about the child's well being, sis needs to take responsibility for her actions and accept the consequences of her mistakes.

Edited after reading BB's post and correcting a part of mine that was inaccurate.
 
Last edited:

Ohiogal

Queen Bee
txmom78 said:
considering the situation, I think that sounds like some good advice...
Sounds like Sis being more concerned for herself than her child and furthering the illegal acts and depriving her daughter of a father.
 

Ohiogal

Queen Bee
txmom78 said:
This is exactly what we assumed might happen. She told him when the child was 2 months old. Child is now 4 yrs old. Is it possible for him to gain custody even if it has been that long??:confused:
it is possible for him to gain visitation and joint legal and physical custody. Sole custody is improbable unless he can prove mom unfit. As for telling him when the child was two months old -- she lied in court about being pregnant. What was dad supposed to think? She would lie in court when the penalty is much more severe than lying to him? Most people wouldn't do that.
 

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