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    Legal advice

    First some background information. My daughter married, 5 years, had a one year old son, and husband said he was no longer interested in being married. Divorce, he pays child support, she cannot move from the county except for the contiguous counties around her. Visitations are court ordered and followed, although he does not always keep my grandson for the full amount of time, and sometimes does not take him at all.

    Now he has decided that he is paying too much in child support and has filed to have it reduced and make changes to the visitations.

    My daughter is a school teacher, and with the high cost of living in her area it is difficult for her to make sure she has good childcare, since the grandson is only 3. The father has moved in with another woman, number 2 since the divorce, pays no rent that she knows of and has minimal bills other than the normal, car, insurance, etc.

    Now she has to go to court, $$$, and fight this. Any suggestions, previous experiences with this, or if you know of any sources that would provide some legal work that does not break the bank, it would be much appreciated. This is in Victoria County. Thanks.

    #2
    I got divorced 10 years ago. I got full custody of my 2 young children. Ex had to pay child support and insurance cost and around year 6 decided she didn’t want to work anymore. She did the same thing and took me back to court to get support lowered. Judge gave her 2 months to get a job or said he would jail her for non payment. She got a job but CS was cut in half. Not that I care or need it, but she has only seen the kids once in the last year during a game she showed up to out of the blue.
    Moral of the story: Crummy parents still can get out of what little responsibilities they have by going back to court and showing a “hardship” or change in income....even if they make the change voluntarily.


    Sent from my iPhone using Tapatalk

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      #3
      Originally posted by TXBRASS View Post
      I got divorced 10 years ago. I got full custody of my 2 young children. Ex had to pay child support and insurance cost and around year 6 decided she didn’t want to work anymore. She did the same thing and took me back to court to get support lowered. Judge gave her 2 months to get a job or said he would jail her for non payment. She got a job but CS was cut in half. Not that I care or need it, but she has only seen the kids once in the last year during a game she showed up to out of the blue.
      Moral of the story: Crummy parents still can get out of what little responsibilities they have by going back to court and showing a “hardship” or change in income....even if they make the change voluntarily.


      Sent from my iPhone using Tapatalk

      And yes....not only did going back to court cut my CS in half, it also cost me another $1,500 in lawyer fees.


      Sent from my iPhone using Tapatalk

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        #4
        Originally posted by Ishi&Elvis View Post
        First some background information. My daughter married, 5 years, had a one year old son, and husband said he was no longer interested in being married. Divorce, he pays child support, she cannot move from the county except for the contiguous counties around her. Visitations are court ordered and followed, although he does not always keep my grandson for the full amount of time, and sometimes does not take him at all.

        Now he has decided that he is paying too much in child support and has filed to have it reduced and make changes to the visitations.

        My daughter is a school teacher, and with the high cost of living in her area it is difficult for her to make sure she has good childcare, since the grandson is only 3. The father has moved in with another woman, number 2 since the divorce, pays no rent that she knows of and has minimal bills other than the normal, car, insurance, etc.

        Now she has to go to court, $$$, and fight this. Any suggestions, previous experiences with this, or if you know of any sources that would provide some legal work that does not break the bank, it would be much appreciated. This is in Victoria County. Thanks.

        Unfortunately, I would say to consult a good family law attorney. Because we all know what’s good for the goose isn’t always good for the gander.


        From my Make Believe World

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          #5
          My uncle's advice rings true daily: Make sure you go to the right wedding!

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            #6
            Always hire and attorney. FYI check nearby law schools. Frequently they have law clinics that have a family law section. It’s run by practicing attorneys and is meant for people who need financial help, all while helping students see what it’s like to be an attorney.

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              #7
              She has an attorney, but not what I would call a "fighter" type. She seems to go along to get along. The father is a LEO, and makes a good living. Not sure why he feels like he needs to short his son on his support. We are going to go with her, and most likely I will be out of pocket.

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                #8
                Go get the book “Divorce Texas Style”. I’m not sure it’s still around however if it is it explains in terms anybody can understand exactly how the law works and her/his rights. It was very helpful in my divorce.

                P.S. there is nothing final about the Final Divorce Decree until the kids turn 18 and graduate High School. Either side can file for changes for about any reason. Doesn’t mean they will win, but they can file. She can counter file to raise child support and stop him from moving to far away. Again she might not win but she can file. Good Luck and May God Bless

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                  #9
                  if she has to go back to court because he wants the child support lowered, ask for the move restrictions to be dropped and she will be free to move anywhere she wants (within reason). if he doesnt have job and doesnt have any money and he is not paying anyway, so might as get a few things going her way.

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                    #10
                    My mom went just went though all of this. In the amount of legal she paid for her divorce she basically got nothing afterwords. Yeah you get everything all legal and what not but if you don’t have any money afterwords I don’t see the point. Ex doesn’t pay child support and is supposed to pay only the minimum like $200 something a month. The guy had a job making $200k and threw it all out the window so he didn’t have to play child support. It’s a tough long battle with crazy people in court

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                      #11
                      She is going to court and asking for more since he has received a raise, and she is going to ask that her restrictions on moving be removed. He is just being a pain for some reason. Selfishness has been his middle name since we have known him.
                      I am hopeful she can find an attorney who will do good work and not break the bank on it.
                      If you know of anyone in or around Victoria County, by all means, please let me know. Thanks.

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                        #12
                        Originally posted by BLee15 View Post
                        My mom went just went though all of this. In the amount of legal she paid for her divorce she basically got nothing afterwords. Yeah you get everything all legal and what not but if you don’t have any money afterwords I don’t see the point. Ex doesn’t pay child support and is supposed to pay only the minimum like $200 something a month. The guy had a job making $200k and threw it all out the window so he didn’t have to play child support. It’s a tough long battle with crazy people in court
                        Weapons grade stupid right there.

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                          #13
                          Originally posted by Ishi&Elvis View Post
                          She has an attorney, but not what I would call a "fighter" type.
                          There are certain areas of law where a specialist is a must - family law is one of them. You may pay more per hour for a board certified family law attorney, but it will take them less time and the results will be superior.

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                            #14
                            My brother went thru this... the tactic is to just bleed your daughter out and use that as a way to get her to settle for reduced child support, etc. It worked on my brother as he spent 40K on a lawyer over 5 years and he finally told the father to just pizz off and don't worry about child support anymore.

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                              #15
                              Here is a list of the board certified family lawyers in Victoria County, from TBLS.org:
                              Attached Files

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