Legal Question in Family Law in Texas

I received a cause #/citation back at the end of April from my ex's attorney to have child support lowered. I had 3 weeks from that date to file a response which I did - certified mail - to both the court and his attorney. There was no date and time on the paperwork for a court date which the attorney I did the consultation with found odd. After I filed my response I never heard again from his lawyer or anyone for that matter. Just last month my c/s was lowered $400 each month. I called my ex to find out why this was happening and he said there was a court date back on 5/25 and I didn't show! I couldn't believe it, no one notified me of this date and time which I would have gladly shown up to. How could this have happened? Was I purposely not notified? That seems illegal. I never signed off on anything - or received any paperwork showing that there would be a decrease in my c/s. The only way I knew anything was through my checking account. Now I called the c/s division and they say there's another hearing for 9/25? For what?? They won't say. I asked how was I supposed to know what was going on with all this and they said you just wouldn't? We don't send anything out to notify you? Is this a joke? How can I show up to a court date unless I am legally notified and why wasn't it on the citation to begin with?


Asked on 8/23/12, 2:35 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Please get a lawyer. As you can see by now, it is not going well without one. I have no idea what happened in your case, however, your ex's attorney is required by law to notify you of all hearings. Get a copy of your file from the District Clerk. You may be facing appeal deadlines. Get the lawyer you consulted with to go to court and testify about the lack of a notice. Somewhere, sometime, somehow a judge ruled in his favor, and there are deadlines to get it set aside; if it can still be done.

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Answered on 8/23/12, 3:03 pm


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