Legal Question in Family Law in Texas
Child support hearing?
I had lost my job and was not working for 3 months as soon as I got a job I got all my child support back in order and was seeing what I could do to pay off the back child support. With my new job I was making a lot less so I went to the attorney gernerl for help they put together a hearing to lower my child support but I would also have to pay $75 xtra a month on my back child support witch was fine with me, we had a hearing my x did not show so they granted me the lower amount now she has apeald it saying she never receaved a letter about the hearing. Also in our divorce it states she is to cover the childern under her employer health ins. and now she is wanting me to pay $118 a month on that. So now that she has apleaded this and we have a court date I would like to know what to expect we I go in there? I am not trying to take the easy way out and not pay but she is married and I am married I have a child with my wife and I can not provied for my family if she will be taking my whole check for somthing she is suppost to cover, and to the fact that she does not use the child support that she is given for the children she uses it to pay her and her husbands bills so they do not have to work full time jobs. Please help me to understand what will take place in the court room?
2 Answers from Attorneys
If you represent yourself in court, you will be given an opportunity to "tell your side of the story." The court is interested in your income, so be sure to bring four or five recent paycheck stubs (especially if they show year-to-date amounts). BE SURE to tell the Judge about the new child with your new wife.
What she uses the child support money for isn't relevant, and you shouldn't talk about this; it will only irritate the judge. Unless your children are hungry and naked, you don't get to complain about how she spends the child support money.
They probably WILL hit you with the $118 per month for insurance.
1. What your ex makes is irrelevant. She can be a millionaire or be married to one and it's irrelevant.
2. You are required to pay for health insurance for the child as a part of your child support. You can reimburse her or find a cheap policy. It's your choice.
3. You need proof that you have another child. Then your percentage will be reduce.
4. I never go to court without an attorney. AND I AM AN ATTORNEY. I would hire an attorney -- but then -- I see people get "screwed" in court ALL THE TIME that decide to represent themselves and save money. You are held to the same standard as an attorney -- testifying, cross examining witnesses, introducing evidence, etc. as an attorney.
I strongly encourage you to hire an attorney.
5. The past due child support can probably be paid off at $50 a month. Yes it accrues interest at 6% and that will add up but you can voluntarily pay more than $50 each month.
Always pay through the TX A G, San Antonio address!
I agree with Mark on complaining about how she spends the money.
THIS IS THE JUDGE'S POSITION ON OTHER CHILDREN:
If you chose to have another child, that is your problem. You knew you had this child to supprort when you had another child to feed. This child comes first. Your new wife knew that you had this child to support when she decided to marry you and have a child with you. If she had your baby, then the court has no sympathy for her and this child - sorry! You both knew what you were getting into when you decided to marry and have more kids! THIS KID COMES FIRST AND THE REST OF YOUR KIDS ARE GOING TO GO WITHOUT TO MAKE SURE THAT THIS KID GETS THE CHILD SUPPORT!
FYI: ALL FUTURE TAX REFUNDS WILL GO TO PAY YOUR RETROACTIVE CHILD SUPPORT - SORRY!
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