Elective child support across state lines

[td95627]

My husband possibly fathered a child in Illinois. We attempted several times to get a paternity test, however, the mother refused. Eventually she did it but about time she did my husband had already moved to Texas. He just completed his portion of the test and we are awaiting the results. The paternity test was not court ordered this is something we are doing on our own. My husband wants situation to be taken care of immediately and would like to make arrangements with the mother to send money twice per month, however, given her lack of maturity I think it's best to have something concrete to prevent her from mishandling his moeny and taking him to court anyway, if that makes sense. Anyway, I wanted to know if there were a way he can have the appropriate amount of child support deducted from his paycheck without having to go to court, as it would difficult since we now live in Texas. Also, I wanted to know does the court take into account his other children as we have 4 together, 2 of them are from a previous relationship of mine and the other 2 are biologically his. Are there some legal documents we can file on our own to get this accomplished. Please advise.

 

[Duranie]

Your 2 kids before the marriage do not count unless he has adopted them. You should be getting CS from their father. It depends which state has jurisdiction. If Illinois does then they may not look at your kids at all. I know TX does but it is unlikely TX will get jurisdiction. There is no way he can payroll deduct without a court order and without going through the child support clearinghouse. He really should contact an attorney to make sure all the money he gives her counts as CS and not gifts, so that mom cannot go back and claim he did not pay. He can also ask for a visitation schedule through the courts.