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My question involves child support in the State of: Texas, Rockwall County
In 2009 I asked the AG's office for a modification on child support. My ex didn't show up for the meeting, and because there was grounds for a modification they sent it to the courts.
Since then we have been trying to get a modified child visitation order written up. We just cant agree on everything.
My question here pertains to child support
If he was served in April 2010 to go to court, does that mean the courts could go back to that date for retro child support? If so, and since we can't agree and may have to go back to court and I can't afford an attorney, can I request him pay for an attorney for me and have it come out of the retro child support? I have asked for him to pay for an attorney when this started, but nothing came of it. I was able to find an attorney to help me, but she is now not helping me because I can't retain her. He has a new attorney and has said that she thinks they would have good luck going back to court. I am worried that I will do a bad job representing myself.
I have another post about our order. I am trying to get an answer to see if there is anyway to hire my own lawyer.
Thanks!
Last edited by BstYet2Be; 03-15-2012 at 12:19 AM..
Reason: Moved to TX Forum - regardless, no one here on CD can give you legal advice, you nd an attorney
He won't be required to pay your lawyer. Have you tried to get legal aide? According to the link here, the modification date is established based on the case.
He won't be required to pay your lawyer. Have you tried to get legal aide? According to the link here, the modification date is established based on the case.
Get a lawyer and ask these questions- every child support and custody case is differnet- NO TWO ARE THE SAME! Posting a question here like this bleeds into situations that might not be true to your case. Or try legal aid if need be.
If so, and since we can't agree and may have to go back to court and I can't afford an attorney, can I request him pay for an attorney for me and have it come out of the retro child support?
I don't think I have ever heard of someone paying an attorney to represent the opposing side's interest. Would be awkward to pay the bill, can you imagine ?!
I don't think I have ever heard of someone paying an attorney to represent the opposing side's interest. Would be awkward to pay the bill, can you imagine ?!
At best you could ask for a settlement to off set attorney fees, but you still have to pay them up front, and hope you get the settlement from the losing party sometime before you die.
OP needs to find a way to get an attorney. It sucks, but it is what it is. If OP is getting denied for legal aide, in my experience, it usually means that they are able to afford an attorney on their own. But then again, like most people on city-data, I am not a lawyer. And the few people on here that ARE lawyers, are not going to give you legal advice with the little they know about your situation. City-data is not the place to ask for legal help.
My question involves child support in the State of: Texas, Rockwall County
In 2009 I asked the AG's office for a modification on child support. My ex didn't show up for the meeting, and because there was grounds for a modification they sent it to the courts.
Since then we have been trying to get a modified child visitation order written up. We just cant agree on everything.
My question here pertains to child support
If he was served in April 2010 to go to court, does that mean the courts could go back to that date for retro child support? If so, and since we can't agree and may have to go back to court and I can't afford an attorney, can I request him pay for an attorney for me and have it come out of the retro child support? I have asked for him to pay for an attorney when this started, but nothing came of it. I was able to find an attorney to help me, but she is now not helping me because I can't retain her. He has a new attorney and has said that she thinks they would have good luck going back to court. I am worried that I will do a bad job representing myself.
I have another post about our order. I am trying to get an answer to see if there is anyway to hire my own lawyer.
Thanks!
I am not an attorney, but I seriously doubt they will let you use money that is intended for child support to pay for attorney fees.
At best you could ask for a settlement to off set attorney fees, but you still have to pay them up front, and hope you get the settlement from the losing party sometime before you die.
OP needs to find a way to get an attorney. It sucks, but it is what it is. If OP is getting denied for legal aide, in my experience, it usually means that they are able to afford an attorney on their own. But then again, like most people on city-data, I am not a lawyer. And the few people on here that ARE lawyers, are not going to give you legal advice with the little they know about your situation. City-data is not the place to ask for legal help.
That is not true about me having money to afford an attorney. I am on disability and get 736 a month. I also get child support 610.
With a home, car, kids and bills I don't have the ability to save anything. I can either not pay my bills, feed my kids and risk getting evicted for not paying my rent, and save money for a attorney, or do what I have to to care for my kids.
My background: I was in a car accident in 03 and almost died. Had brain surgery and was in a coma for weeks. After waking up, relearning how to walk/talk and being placed on lots of medicine I was able to go home (although the hospital wanted me to go to a special home to get around the clock care)
A few months later, when I was still recovering and still had a lot of problems (short term memory, confusion/frustration, serious headaches and seizures) my ex, who I broke up with years before because he was engaged and was trying to have a relationship with me showed up acting concerned, and told me he left his fiance because he loved me. I soaked up his "concern" like a idiot. He asked my family if he could take me out to spend time with me: ONLY after explaining to him everything he would need to know about my accident and what I was going through, warning him and telling him no sex or drinking they agreed to let me go out with him
He then took me to a club by his house 45min away and continued to buy drinks and tell me to drink them. I believed he wouldn't do anything to hurt me so I did, until I started feeling weird. I asked to go home and he told me he was "drunk and didn't want to risk getting in a car accident with me" I was terrified of being in another accident. So we ended up going to his house. I blacked out, I really don't know what happened until I woke up feeling like I was dying.
My family called him and demanded to know where I was since it was late, and made him take me home. My mom wanted to press charges, and because I believed he was such a great guy I begged her not to.
I "dated" him for 4 months, and he was controlling, demanding and possessive. Told me what I could/couldn't eat/drink, didn't want me to spend time with my family (it was a high risk pregnancy) and I was afraid to be by myself in case I had a seizure and when he was at work/school during the week I wanted to be with my family: he would get angry and fight with me and ask me "whats going to happen when the baby is born, are you just going to leave us to be with your family" and stuff like that. I also wasn't allowed to spend time with his family. He told me how he wanted my hair (it was short after being cut off and I had stitches from ear to ear,) he also wanted me to have breast surgery to be bigger and wanted me to tan because I am very pale. He also pressured me to marry him so he wouldn't get deported, (he is from africa) After months of this and all the fighting I left him because I wanted to do what was best for my daughter. He harrassed and threatened me, until I was about 8 months pregnant and went with my mom to go to the police. They would do NOTHING. No restraining order, protective order or nothing about how he took advantage of me. We also had a witness of him breaking into our home when we were gone, but they didn't care. So I had to do what I could to take care of my baby. I had stopped most of my medicines for her health, and the seizure meds ended up getting messed up during my pregnancy and made me sick
When she was about a yr we started going to court because he wanted visitation. I wasn't able to hire a lawyer and was not able to tell the judge anything. He had a lawyer and was granted standard visitation, even though she was a baby. I had NO say in anything.
Since then he has made our life hell. He lies about things to make me seem like a bad person (called CPS on me twice with lies, the second time they said he had coached her and told me they would ignore his calls in the future. I have had to put her in counseling 3 times, and she had to see a GI specialist because of stress related to visits with her father.
When he got divorced in 09, his ex, who he filed for divorce the same month he got his citizenship told me his income had increased and to go after a modification because it would benefit our child. I thought about it, and decided that after everything I had been through because of him, and what he has done to our daughter I would. I filed with the AGs office, and they sent it to court after he didn't show for the meeting. He tried to sue for custody. I was able to find someone to help me, and for a while she did. We did a social study, my son was really sick at the time and I was worried about him. She did not want to hear how I got pregnant, or how he has neglected our daughters medical needs (doesn't give her her allergy medicine which resulted in infections and sometimes strep, I ended up having her tonsils and adenoids out because for months she was on antibiotics, he also picked her up by her arm when she was 3 and pulled one out of socket (nursemaids elbow) and refused to get her medical care or do anything for 3 hrs because he thought she was lying. The social worker listened to him though and then recommended he have her Thurs night till Mon morning. We had mediation with the attorneys and social worker and I tried to voice my concerns but because I am not very good at vocalizing and putting together a good enough argument so they were ignored. My lawyer has since withdrawn because its been going on so long and I can't pay her.
I know this isn't the best place to gather information, but I don't know where else to go.
Any questions please feel free to ask.
I have contacted the national crisis hotline and RAINN and am going to see their counselor so I can be heard and get closure. Even though I wasn't forced, because of my mental state at the time I got pregnant, the medicine I was on and my family's warnings he should have known better to do what he did.
That is not true about me having money to afford an attorney. I am on disability and get 736 a month. I also get child support 610.
With a home, car, kids and bills I don't have the ability to save anything. I can either not pay my bills, feed my kids and risk getting evicted for not paying my rent, and save money for a attorney, or do what I have to to care for my kids.
My background: I was in a car accident in 03 and almost died. Had brain surgery and was in a coma for weeks. After waking up, relearning how to walk/talk and being placed on lots of medicine I was able to go home (although the hospital wanted me to go to a special home to get around the clock care)
A few months later, when I was still recovering and still had a lot of problems (short term memory, confusion/frustration, serious headaches and seizures) my ex, who I broke up with years before because he was engaged and was trying to have a relationship with me showed up acting concerned, and told me he left his fiance because he loved me. I soaked up his "concern" like a idiot. He asked my family if he could take me out to spend time with me: ONLY after explaining to him everything he would need to know about my accident and what I was going through, warning him and telling him no sex or drinking they agreed to let me go out with him
He then took me to a club by his house 45min away and continued to buy drinks and tell me to drink them. I believed he wouldn't do anything to hurt me so I did, until I started feeling weird. I asked to go home and he told me he was "drunk and didn't want to risk getting in a car accident with me" I was terrified of being in another accident. So we ended up going to his house. I blacked out, I really don't know what happened until I woke up feeling like I was dying.
My family called him and demanded to know where I was since it was late, and made him take me home. My mom wanted to press charges, and because I believed he was such a great guy I begged her not to.
I "dated" him for 4 months, and he was controlling, demanding and possessive. Told me what I could/couldn't eat/drink, didn't want me to spend time with my family (it was a high risk pregnancy) and I was afraid to be by myself in case I had a seizure and when he was at work/school during the week I wanted to be with my family: he would get angry and fight with me and ask me "whats going to happen when the baby is born, are you just going to leave us to be with your family" and stuff like that. I also wasn't allowed to spend time with his family. He told me how he wanted my hair (it was short after being cut off and I had stitches from ear to ear,) he also wanted me to have breast surgery to be bigger and wanted me to tan because I am very pale. He also pressured me to marry him so he wouldn't get deported, (he is from africa) After months of this and all the fighting I left him because I wanted to do what was best for my daughter. He harrassed and threatened me, until I was about 8 months pregnant and went with my mom to go to the police. They would do NOTHING. No restraining order, protective order or nothing about how he took advantage of me. We also had a witness of him breaking into our home when we were gone, but they didn't care. So I had to do what I could to take care of my baby. I had stopped most of my medicines for her health, and the seizure meds ended up getting messed up during my pregnancy and made me sick
When she was about a yr we started going to court because he wanted visitation. I wasn't able to hire a lawyer and was not able to tell the judge anything. He had a lawyer and was granted standard visitation, even though she was a baby. I had NO say in anything.
Since then he has made our life hell. He lies about things to make me seem like a bad person (called CPS on me twice with lies, the second time they said he had coached her and told me they would ignore his calls in the future. I have had to put her in counseling 3 times, and she had to see a GI specialist because of stress related to visits with her father.
When he got divorced in 09, his ex, who he filed for divorce the same month he got his citizenship told me his income had increased and to go after a modification because it would benefit our child. I thought about it, and decided that after everything I had been through because of him, and what he has done to our daughter I would. I filed with the AGs office, and they sent it to court after he didn't show for the meeting. He tried to sue for custody. I was able to find someone to help me, and for a while she did. We did a social study, my son was really sick at the time and I was worried about him. She did not want to hear how I got pregnant, or how he has neglected our daughters medical needs (doesn't give her her allergy medicine which resulted in infections and sometimes strep, I ended up having her tonsils and adenoids out because for months she was on antibiotics, he also picked her up by her arm when she was 3 and pulled one out of socket (nursemaids elbow) and refused to get her medical care or do anything for 3 hrs because he thought she was lying. The social worker listened to him though and then recommended he have her Thurs night till Mon morning. We had mediation with the attorneys and social worker and I tried to voice my concerns but because I am not very good at vocalizing and putting together a good enough argument so they were ignored. My lawyer has since withdrawn because its been going on so long and I can't pay her.
I know this isn't the best place to gather information, but I don't know where else to go.
Any questions please feel free to ask.
I have contacted the national crisis hotline and RAINN and am going to see their counselor so I can be heard and get closure. Even though I wasn't forced, because of my mental state at the time I got pregnant, the medicine I was on and my family's warnings he should have known better to do what he did.
All that and you elected to still bring a child into the world. Wow.
OP needs a lawyer. If the OP elects to represent herself, she will fail to achieve the goals she has set.
The other half of the equation has a lawyer, and that lawyer will have all the advantage in the situation.
OP, either go with legal aid, or find a lawyer that will take your case pro bono. If you choose to represent yourself you will not get any satisfaction and likely will be worse off after everything is done. Success stories in the legal system without professional representation are very few and far between.
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