Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Can my fiancé’s ex-wife sue me for his child support in Texas?”
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.
Question: 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.
Answer:
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.
