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12 comments:
Hey there Chris! I have a question that I can not seem find any info about. My ex and I have a trial date soon. He has requested modification basically to have our younger two sons (12 and 10) live with him. Our older son (15) would remain with me. He filed this and began coaxing the kids to say that they wanted to live with him in Feb. when his child support payments were modified by the AG based on his income. His CS more than doubled. He works odd hours and is very inconsistent with his visitation and is still single. I am a remarried stay at home mom with, two step kids, and no other biological children. I am contesting and feel confident that the judge will rule in my favor. However, if he doesn't, I am wondering how the child support would be figured. He would have 2 kids and I would have 1. He currently pays about $1500.00 a month for all three. Would I pay him if he has two of our three kids? Would they take my income which would have to be figured at minimum wage for two kids and his salary for one kids and award the difference? What is the legal way to figure this? Thanks in advance!
luvmyboyz, the courts typically would calculate the child support he would pay for one, and what you would pay for two (at minimum wage most likely) and determine the difference to see who would be paying who.
If the court did this, and when the oldest turned 18 or graduated, then you would pay support for the two kids at minimum wage.
The courts do not have to do what I described above, but they typically do.
Sounds like you have a good case however, so you may not need all this.
Good luck.
I have a question and it isn't a problem as deep as some have posted. I have had my child support modified by the courts. The Texas OAG filed a wage withholding order against my pay. That is not the problem. The problem is that it is wrong (the amount) and is much more than what is to be paid monthly. The AG is unwilling to do anything about it and it has left me severely depleted cash wise. I assume I will have to take them to court and file against the AG. If I do that, and I claim contempt or a judges order, can I then be reimbursed by the AG for attorney fees for their failing to abide by due diligence even when notified? Can I go after economic stress damages from their complete lack of action. They, at least on the phone and in person, admit the order is wrong but STILL HAVE NOT fixed a thing.
The AG is the worst run agency, or rather any organization I have ever encountered. They have a huge sense of apathy for anything other than keeping their job.
Do you know where I can find like a brochure or a link with a summarization of each section of the Texas Family Code? Basically, the family code, but in English.
Thanks.
Hi, can you tell me if lawyer's fees incurred by my wife will be considered community property (meaning I'll be responsible for paying half), and would I be insane to try and represent myself in an uncontested divorce even though the wife has hired a lawyer?
Danielle, I do not. I wish I did because it might help me! The only book that I know that discusses the family code in depth are from thomsonwest.com and Jones McClure Publishing. They are not exactly in english, but they are better than just reading the code.
Barry, lawyer fees are a community debt not really property. In order for your wife to recoup those, her attorney would have to have asked for them in their paperwork, and he would have to prove his fees at trial. They don't just get thrown into the the liability pile.
If your case is uncontested then why would you need a lawyer other than to review paperwork. If your case is going to trial and they are asking for attorney fees, etc... then you are not in an uncontested divorce. It only takes one to tango in family law. If that is the case, you need a lawyer.
Good luck.
Thomas, you are going to have a tough time suing the AG's office. Focus on getting your child support reduced and forget about the AG. They are under payed and overworked.
Dear CHris,
I have a Grnadchild who is 6. His father and mother(my daughter) created him when they were both 15-he was born when my daughter was 16.He has pretty much always lived with me, either with his mom or with out her. I moved to Texas in September and brought him with, he started school here and is going to be in GT classes. His father now 23 drove down here last week, would not give me times he would arrive, would not bring him home early as he had school each day and would show up over 2 hours after he told his son he would be
here to take him to his and his girlfriends motel-did not want me to know the name of the Motel or where they were staying.. I now find out that his father intends to take him to Illinois to live after he gets done with Kindegarden this Spring.
The guy has never paid a nickle in support, never bought him diaper, Formula or.......How can I prevent this as I feel it is really not in my Grandsons best interest and he does not want to leave the only stable person he has had-Me.
Leslie
Chris,
Needless to say my wifw and I are divorcing. We are going to go the uncontested divorce route. My plan though, is to wait to file untill she and I are able to go to a child support meeting/ hearing with the AG, and a court order comes about from that. That way when I do file and we go in front of the judge, the only issue on the table is me and her. What do you think? Is that a good choice? Thanks.
Anonymous, I think that is a great idea...assuming you like the result of the AG hearing. Good luck.
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