Immigration and Child Support problems can make the divorce process even more complex. When a couple faces a situation where one of the parents is an illegal immigrant, then the other party will have a lot of questions and concerns regarding the financial support due to the status.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, elaborates on the question of whether the parent who has an illegal immigration status can be asked to pay child support through the legal procedure. All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
Illegal Immigration Status Vs. Child Support
A suit affecting the parent-child relationship or a suit to determine parentage can be instigated against any person. If you are a female who has a child, and you’re alleging that a person, a man is the parent of your child, then it does not matter whether or not they are a resident of the United States. The other party has an obligation to support their child.
What Does The Family Code Say?
There is no distinction in the Texas Family Code between a legal resident and an illegal resident. The only residency requirement is that a person must have resided in the state of Texas for the previous six months and in the county of filing for the previous 90 days.
A court won’t consider the status of a person’s immigration when granting child custody or child support, the division of property, spouse support, or any other diverse family law issues that you might encounter in the family law court system. So, you can instigate any type of suit for determining parentage against that person regardless of what their nationality or legal status is in the United States.
There are implications for immigration status for people going through a divorce, so it is crucial to discuss your situation with an attorney in the event that your divorce involves immigration concerns.
Hire An Experienced Texas Family Attorney
If you intend to file a case for child support or include a clause in the divorce decree, your best step is to call an attorney immediately and retain one. By having an experienced and competent family attorney, you will be in a position to make a well-informed decision and understand all the legal aspects of your case. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What Are My Chances of Getting 50-50 Custody of Our Child? ”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Choosing between mediation, trial, and arbitration. Which is the best alternative?
- What is the difference between sole and shared custody?
- What Is The Difference Between Prenuptial And Postnuptial Agreements?
- What Is A Common-Law Marriage? Can I Get A Divorce From It?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
