Child Custody and Support
My question involves a child custody case from the State of: Texas
I am in a unique situation. My husband and I have temporary custody of his two nieces (6-8). They have lived with us for 4 years. We are in the middle of a battle with the grandparents to get the children back in their care. About 2 years ago my husband moved to Kyle, Texas because of a job. We did not move with him due to distance restrictions with the visitation orders with the girls grandparents. While he was living in Kyle he had an affair from which a child was born.
Now the baby’s mother is taking him to court to get child support. Her lawyer is wanting to use his nieces SSI payments as earnings to determine the amount of the child support.
He will not be able to stay in Kyle if he has to pay 20% of his actual wages to child support. So now he is facing losing a job and having to move beck to the metroplex.
Can they garnish my wages or his nieces SSI payments that comes to them in his care?
Where does this leave me financially and since I have been the one raising his nieces for the last 2 years primary without him where does that leave me in the temporary custody of the girls?
I want a divorce due to the circumstances but also to protect myself financially but where will that leave me with keeping custody of the girls?
I know there a lot of details you don’t have but your opinion would be great.
Help.
Re: Child Custody and Support
Your wages cannot be garnished for your husband's child with another woman. Also, the girls' SSI payments cannot be touched.
With regards to custody, much depends on WHY you have custody to begin with. And who is actually listed - is it truly both of you? Where are the parents?