Legal Question in Family Law in Texas
Family Law: Child Support and Visitation
I have a court date in two weeks for child support of my son, would it be in my best interest to have an attorney present, or are these relatively simple clear cut cases.
I would like support in the amount of half of my monthly expenses, around $450 and I want the ability to be able to limit visitation when necessary. The father is a bodybuilder and can be very irrational sometimes.
2 Answers from Attorneys
Re: Family Law: Child Support and Visitation
First, child support is not linked to your expenses. It is calculated on strict formula based upon the obligor's income. Second, visitation will not be restricted because you say he is irrational sometimes. You have to have proof that restricting visitation would be in the best interest of the child. Everyday, the judge hears mothers say they want to restrict visitation because they say so - and no proof. Remember the court is a forum for proof (or at least it's supposed to be). What you say without proof will be taken with a grain of salt.
Re: Family Law: Child Support and Visitation
Child support is determined by a percentage of the other party's net resources. In other words, what you can get as support is based on what the father makes, which you must be ready to prove. Also, you will need to introduce evidence that the father acts irrationally around the son in order to get some kind of restriction on visitation. I always recommend that a person get an attorney if he is going to court for anything that is contested.