Legal Question in Family Law in Texas

Re: Finding an attorney to start the process of requesting child support

Yes you do. I would suggest you contact an attorney to get the proces started as soon as possible especially if the fother's whereabouts are not know and paternity needs to be established.

Re: Finding an attorney to start the process of requesting child support

The father owes something like $12,000+ in back child support depending upon his income during these past 9 years. You might find an attorney who would pursue this on a contingent basis.

Re: Finding an attorney to start the process of requesting child support

Absolutely! First, a parent can be found to owe retroactive child support, but only if a child support order had never been entered before. Child support for 9 years can be over $16,800 assuming that the father only made minimum wage. If he had a better job, it could be even greater. A judge, however, does not have to award the whole amount and can take into consideration such things as whether you have tried to find the father before.

The first thing that needs to be done is to establish paternity. That will typically be done in the same legal action as the child support determination. A judge will order paternity tests if the father denies paternity. If support is ordered, and if the father has a job, the judge will issue an order to his employer to withhold both past and current child support out of his paycheck. You need to move quickly because once you have an order, interest may be collected on past due child support. Sometimes the interest is greater than the monthly support.

If you have no money for a lawyer, you might try calling your local legal aid association. They may handle your case or assign it to an attorney to handle it for free (pro bono). Many family law attorneys do not work on contingency because of ethical considerations, but some do. Also, there are some attorneys or groups that work on reduced fees. A call to your local county bar association will get you started in finding community resources to begin your journey. Finally, if you are on public assistance, you might get help from the Texas Attorney General's office, but please be advised that they have an averwhelming workload.

Good luck.

Bob Leonard, Jr.

512-477-6200