Legal Question in Family Law in Texas
divorce not final yet
the divorce papers have been filed, just waiting to see the judge to finalize everything. ive been paying $600 a month to her for child support/spousal support. anyways, ive been paying her for the last 7 months, and for the last 7 months, she has spent the money on everything but the kids. i have the bank statements to prove it. she also refuses to let me see the kids. is there anything i can do now before my appointment with the judge january 8th, 2008 to have the child support reduced and to ensure i see my kids?
2 Answers from Attorneys
Re: divorce not final yet
Sounds like you just barely have time to get a lawyer. Good Luck otherwise you're going to get yourself stuck.
Re: divorce not final yet
It is unusual to pay spousal maintenance post-divorce. If the maintenance is part of the $600 you are currently paying, that portion should be eliminated, reducing you monthly obligation. If there is a proposal that you continue to pay maintenance after the divorce it would be to your advantage to have an attorney for sure. If your spouse has a lawyer and you don't, you will get railroaded most likely.
Your child support payment should be calculated based upon your income and the number of children of the marriage, so you will need to have accurate documentation of income such as recent check stubs.
Your spouse does not have to prove that she is spending the child support on specific items for the children. As long as their material needs are not neglected, that is a non-issue.
On the other hand, if you are being denied visitation, the judge should be advised of that problem. One of the factors in determining custody is which parent will work to ensure a continuing relationship between the children and the other parent.
The single most important issue the court will use to examine your case is what is in the best interest of the children.
Since I don't know all of the facts of your case, I can't give you specific advice (and do not rely on the above info as legal advice). You really should try to get yourself a lawyer down there to help you.