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Old 05-27-2009, 09:07 PM
 
5 posts, read 22,359 times
Reputation: 10

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Hello All,
I am fairly new to the area been living in San Antonio about 6 months now.
My ex husband hated the fact that I divorced him prior to me leaving for a remote tour to Korea. He refused to sign the papers unless I let him have parental custody well that year sure changed him..lol needlessly to say they are back with me now and he is only paying me 400 a month for two kids!! And he makes decent money. He refuses to pay a penny more until the court orders him to pay more. So therefore I need a lawyer to do a modification so that I may become the parental parent and have the c. support adjusted to where it should be Any suggestions would be greatly appreciated.

Thanks
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Old 05-27-2009, 10:01 PM
 
45 posts, read 126,013 times
Reputation: 45
I'm not sure about Texas but in a couple of other states you can file for modification of child support without an attorney. I did it myself and the process was very simple. I believe in my home state you can file for a modification every 2-3 years. Not certain which at the moment. In my state of residence you go to the county website and print off the needed forms. Fill them out then mail them in. Good-luck.
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Old 05-27-2009, 10:36 PM
 
Location: West Creek
1,720 posts, read 4,015,015 times
Reputation: 784
look up Stephen C. Benke, I know his brother Cole, and ill tell you what he'll go the extra mile and he only charges you for a consultation, as other tend to charge everything up front, if you want the extra penny Go with the Castro Brothers put expect to pay up front.
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Old 05-27-2009, 11:18 PM
 
Location: NW San Antonio
2,953 posts, read 8,622,538 times
Reputation: 3211
Quote:
Originally Posted by cynt77 View Post
Hello All,
I am fairly new to the area been living in San Antonio about 6 months now.
My ex husband hated the fact that I divorced him prior to me leaving for a remote tour to Korea. He refused to sign the papers unless I let him have parental custody well that year sure changed him..lol needlessly to say they are back with me now and he is only paying me 400 a month for two kids!! And he makes decent money. He refuses to pay a penny more until the court orders him to pay more. So therefore I need a lawyer to do a modification so that I may become the parental parent and have the c. support adjusted to where it should be Any suggestions would be greatly appreciated.

Thanks
Just an FYI, the amount he should pay, @ 20% of gross salary for the first child, and an additional 5% for each additional one. Plus health insurance. And if you pay for that, he should reimburse you half that. I been on both side of that fence. Lots of times.

Doesnt the military offer legal aid? First source I would consider.

Other source, as mentioned, if your divorce is Texas, yes, you can get a mod every 3 years.


How can child support be changed?
  • Only the Court can modify the child support order. It cannot be done by agreement of the parties. Grounds for a modification include a material and substantial change in the circumstances of a child or a person affected by the order, or the passage of three years since the last child support order and a difference in monthly payment by either 20 percent or $100 from the child support guidelines. A parent subject to a child support order may request a review of the ordered child support amounts every three years by contacting the Office of the Attorney General.

    Follow this link, everything you need, and the local Child support bureau here.

    Texas Attorney General

And you can do it yourself, the modification is pretty simple, you fill out the paperwork, submit it to the OAG, they request his tax returns for 3 years, and then he pays. I went to court, got custody changed, 3 modifications, and complete jurisdiction and the end of the divorce/child support settlement before my sons were 18, so the hardest thing is the initial divorce. Once thats done, the rest is modifications. Lawyers are for real big changes. I haven't used them.

Last edited by sinsativ; 05-27-2009 at 11:29 PM..
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Old 02-23-2010, 10:12 AM
 
1 posts, read 9,965 times
Reputation: 10
Quote:
Originally Posted by svg210 View Post
look up Stephen C. Benke, I know his brother Cole, and ill tell you what he'll go the extra mile and he only charges you for a consultation, as other tend to charge everything up front, if you want the extra penny Go with the Castro Brothers put expect to pay up front.
I don't recommend Stephen C. Benke, attorney, for divorce cases. He did not help me nor gave me any legal advice. I found myself searching the web for legal advice to help me with my divorce. He only prolonged my case so he could 'jack' up my bill. If I could have changed attorneys, I would have in a heartbeat.
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Old 02-23-2010, 01:25 PM
 
Location: San Antonio
490 posts, read 970,912 times
Reputation: 410
Cheap lawyer! Hah! Comes with free lunch
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Old 02-23-2010, 02:35 PM
 
Location: San Antonio
257 posts, read 468,966 times
Reputation: 238
Check with the Texas Attorney General (link was posted in another post).

Also, some lawyers will do a free first consultation & some lawyers just charge a flat fee for what you need (they do not charge by the hour), especially ones that are not part of big firms.
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Old 02-24-2010, 12:32 AM
 
553 posts, read 400,652 times
Reputation: 913
Quote:
Originally Posted by cynt77 View Post
...and he is only paying me 400 a month for two kids!! Thanks
How much CS were you paying him when he had custody?
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Old 01-16-2014, 10:33 PM
 
1 posts, read 5,440 times
Reputation: 10
My daugther in law is planning on taking my 2 yr old granddaughter. Back to Utah next month. My son & her are taking a break from each other for a few months. We have been in Texas 6mos, I am afraid that once she gets back there to her family. My son will never get my granddaughter again. I feel they need to get something in writting that will protect sons rights.
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Old 01-17-2014, 07:57 AM
 
Location: San Antonio, TX
11,159 posts, read 20,444,227 times
Reputation: 26433
Quote:
Originally Posted by donna jerome View Post
My daugther in law is planning on taking my 2 yr old granddaughter. Back to Utah next month. My son & her are taking a break from each other for a few months. We have been in Texas 6mos, I am afraid that once she gets back there to her family. My son will never get my granddaughter again. I feel they need to get something in writting that will protect sons rights.
Call the Texas Access and Visitation hotline and ask what your son needs to do. (866) 292-4636 Their hours are 1 to 7 pm.

This is from the TX Access question and answer page:
Quote:
Q. The custodial parent wants to move out of state with my children. What can I do?

A. If there is no court order regarding your rights, immediately consult an attorney and begin court action while Texas still has authority to make decisions about the children. If there is a court order, carefully read the custody portion of the court order. Most court orders state which parent has the right to determine where the child lives and often it will include a geographic restriction on where the children may live. However, it is possible the custodial parent would have the right to move without geographic restriction. If this is the case, you can contact an attorney to modify that order and prevent the move.
Honestly though if he gets court paperwork done preventing her from taking their daughter out of state, it may end any chance he has of getting back together with his wife, because she will see it as a hostile action.
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