Legal Question in Family Law in Texas
Quick question. I'm in the middle of a divorce, just filed a month ago (state of texas) my ex and i have 2 children. He lives in Nebraska and has not paid any child support (it's not court ordered right now, we haven't been to court yet) and hasn't helped pay daycare, buy clothing, etc. NOTHING. They reside with me FULL TIME and i have no problem paying for all their needs, because they are my kids. BUT my question is, will he be ordered to pay me half of what their daycare has been since him and i separated? I have asked him numerous times to help me pay half (it's $75 a week total for both kids)? He has said he would help but has not. He sent me $40 back in December and that's the first and last time he sent anything since we separated. He thinks he is going to walk into a court room and tell a judge what he wants, and he'll just get it. I'm so nervous about court! Answer and ease my mind please!? I'm only 22 and never been through this before, but in my opinion, they are his kids and he should help, nobody (myself nor the state) should have to make him help!
1 Answer from Attorneys
You truly need an attorney. Look on this website and on www.avvo.com and hire one.
1. Many judges order the parties to mediation before trial. Most cases settle at or around the mediation.
2. If no agreement is reached, there will be a trial - evidence and testimony -- not like the tv shows where people scream and the judge screams. More like Perry Mason type of case - but that was criminal. He cannot walk in and just ask for "stuff".
3. There are rights and duties assigned to the parents. I assume that you want these to be independent or you make the decisions after consulting with him. These are important and will impact your parenting for years to come.
4. Child support is based on his net resources. Usually his job(s) but it also could include other sources of income - rental income separate property income, investments, tec.
For 2 kids in Texas it's 25% of his net resources. Look on the TX A G website for a ballpark of what you need to ask for child support.
5. Child support covers daycare and everything else for the kids.
6. The kids need to be on health insurance. He needs to be ordered to pay for it. Uninsured medical costs are split 50/50.
7. You can ask for retro-active child support from the date you filed for divorce but you have to ask for it in your Petition for Divorce. If you did not plead for it, then file an Amended Petition for Divorce - generally free to file.
Please hire an attorney!
www.familylaw4u.com
713-847-6000
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