Legal Question in Family Law in Texas

Hearing date (updated info)

(RECAP)Ive been ordered to pay child support on my son whom I havent seen in two years. His mother hasnt had possesion of him for almost two years due to being deemed unfit by the grandmother. Now the grandmother has gotten an attorney and is pushing to have primary custody of my son with the mother having joint and me having nothing, though I will still be obligated to pay the same amount of support Ive been paying all along. Im not trying to get out of paying anything, my problem is how is the mother not having to pay a dime of child support and Im stuck with the full amount???? Ive received letters from the grandmothers attorney stating what my rights would be under the new order and told me that if I didnt agree to them there would be a hearing in April...

NEW QUESTION--We have a hearing set for this Friday... The opposing lawyer sent me a letter saying if I signed the paperwork then no hearing would be needed. The only thing I oppose is the amount of child support they have me paying which is an incorrect %, I should be paying 14.75 instead its 20.4%. If I sign the paperwork and avoid the hearing Friday can I modify the % at a later date or will I be stuck?


Asked on 3/30/09, 11:28 pm

3 Answers from Attorneys
Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: Hearing date (updated info)

My recommendation would be to visit with and hire and attorney prior to Friday's hearing. If you simply agree with the figure they are suggesting, in order to avoid the hearing, and expect to change it later, you could well be in for a disappointment. There should be no disagreement over the proper percentage to use since such is clearly specified by statute. I am a board certified specialist in the field of family law, practicing in the general Houston area. I would be glad to sit down with you and discuss your options and the best available approach to take. I do not charge for an initial consultation, so you have nothing to lose. If you are interested in visiting more concerning your case, please contact me directly.

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Answered on 3/31/09, 12:34 pm
Edgardo Baez The Baez Law Firm, P.C.

Re: Hearing date (updated info)

Get yourself a family law attorney

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Answered on 3/31/09, 4:24 pm
Fran Brochstein Attorney & Mediator

Re: Hearing date (updated info)

1. Sometimes having a hearing is NOT a bad thing.

2. If you sign, you are stuck with what you agree to.

3. If you want to modify in the future, the burden will be on YOU to show that there has been a change of circumstance.

4. Pl. hire an attorney. I highly recommend Patricia Bushman (also on the website). Tell her that FRAN sent you!

5. As a parent, you should have rights to see your child.

6. Don't let this opposing attorney intimidate you.

7. Without an attorney, the judge can't really help you.

8. Is the Friday hearing, a temp. order hearing or the final hearing?

9. AGAIN, PLEASE HIRE AN ATTORNEY!

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Answered on 3/30/09, 11:48 pm


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