Legal Question in Family Law in Texas
My husband has been divorced from his ex-wife for 3 years. During that time, his wife has left their daughter with us for 18 months (once for 12 months, the second for 6 months) while continuing to collect $1033/ month in child support. Every time we asked her to file papers with the AG to stop child support she would string us along. We have just filed (pro se) for a motion to modify custody and a TRO. My question now is, can we suponea records for how the child support debit card has been used? And if so, can criminal charges be filed if the money is proven to have been misused (e.g. casino, salon, etc)? Thanks for any input!!
2 Answers from Attorneys
You can seek to discover relevant information or information that will lead you to relevant information.
You should see an attorney about getting a credit for the times you supported the child and paid child support. Instead of going to the AG to stop child support, next time the child is living with you, get an attorney to file a motion to modify with the court to to stop the child support and/or modify custody so she is paying child support.
I don't know about the criminal charge question.
You need to hire an attorney. You are trying to do something extremely complex.
If you live in the Houston area I highly recommend PATRICIA BUSHMAN at 713-807-9405. Her prices are reasonable.
How she used her money (casino, salon) is irrelevant. Sorry! If the child had a roof over her head, food in her tummy, clothes on her body, etc. then the child support was used.
Yes the woman is a party animal but that is her choice for how she chooses to live her life.
Plus, the judges see this all the time. The Judge is not going to be shocked at nail salon charges, gambling, etc. Sorry!
Hire an attorney, do discovery, build a storng case & get custody. Don't let your emotions cloud your judgment! You need an impartial person to assist you in this case. You are too close to this case to see the facts clearly!
Hire an attorney!
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