Can My Fiance’s Ex-Wife Sue Me for Child Support?

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“Can my fiancé’s ex-wife sue me for his child support in Texas?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

It depends. First, if you are not married, than no, she can’t. Secondly, once you are married, can she come right out and sue you directly to make you support the children? No. But there are ways that she can get at your income for child support, particularly if your new husband were to choose not to work, or to be underemployed, and to live off your income.

In addition, generally, this will depend on the state. In some states, most notably community property states, the court can and may (although rarely does) look at a new wife’s income when calculating support because all income earned during the marriage is community property.

Again, it is rare, and only in extenuating circumstances. For the most part if the father is duly employed, and paying the state-mandated amount of child support, and is current, a court is much less likely to go through the machinations to take a new spouse’s income into account.

All that said, y ou should definitely consult with a Texas family law attorney about your own particular situation to see how you can best ensure that it doesn’t happen.

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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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