Legal Question in Family Law in Texas
Child support
My oldest sone moved home with me last weekend. He will be 18 at the end of July so I am to pay July 11 and 25 $389 for child support. My youngest son is still with his Dad. Can I petition the court to have the July child support cancelled out and begin again in August with the new reduced amount for one child and what forms need to be filed in order to do this? Can I do it without an attorney? Thank you for your assistance. --name removed--Dye
2 Answers from Attorneys
Re: Child support
I would think he would have to be _served_ with the motion to modify before each payemt is due to avoid each payment and it looks too late to get service on the July 11th payment. He might also claim that the child is with you for summer vacation and support does not cease because of that circumstance. Modifications are best addressed with a lawyer.
http://www.reasonable-doubt.com
Re: Child support
Yes to both questions. If you want to do this by yourself be aware - if you are doing it on your own, you will be like I would be trying to tune my car's engine. Go to a law library and hope you get it right. I will give you some clues, read Texas Civil Procedure, Texas Family Code, and Texas Rules of Evidience. Those took me some years to digest, bot your case is your own. You can always represent yourself, that is called "pro se". You act as your own attorney. I lost against a pro se once. She had gone to court to get child support changed, luckily I am very good at math and she wound up increasing shild support. It was a bit funny in my mind. I let all her testimony in, it was flawed but - it was so helpful. My client was happy with the child support he had been getting but he was even happier with the new amount.