Court case coming up.. need advice

[jersey2005]

What is the name of your state? Texas

Hi, I have a couple of questions but first I will tell you the history of this case. The parents were not married and lived in different locations. The two boys are currently residing with the maternal grandparents. The mother has abandoned them and left the children tormented due to exposing them to sexual content at an early age. Still to be determined if the boys were abused. The grandparents are taking the father to court next month for more child support. He already pays 20% of his income but they are asking for more. He doesn't have more to give and if he does then he will be forced to leave his residence b/c he will not be able to afford it. He spent much time trying to find a lawyer (that he could afford) but he was told there was nothing they could do.. that he would have to pay. He WANTS custody but he can't prove the situation with the mother and the court keeps allowing her to have custody saying that he is not financial capable of it but yet they seem to think he has enough to keep paying more in child support. He's been going through this since 2000. I want him to be prepared for court in Feb. but not sure how to approach it. So here are the questions:

1. First off.. he needs to know his rights.. so if anyone can direct me to a resource for Texas or if you have information.. please let me know.

2. Can the court take more money from him when the mother isn't even paying child support herself?.. how can we prove that? or can we?

3. I initially had more questions before I started this but now I'm drawing a blank So if you have any advice for how we can prepare him for court or on his rights ... PLEASE let us know. Thank you so much for your help.

Also, here in the county that the court case will take place.. sadly, they do it much like traffic court, filled with many other cases and your time allotted for your case is minimal. Also, the counselor that the children see are the ones that informed the family of abuse in care of the mother.. is there a way to get that info for court or will it not be submissable?

Sorry, need help!!!! HELP!!!!

 

[Inquiry123]

He's going to need an atty...

I'm sure that I don't have enough info about the father's situation but...

As in most other states, TX has standardized guidelines for determining child support amounts to be paid by NCP's. In TX the NCP should expect to pay 25% of his after-tax income for two children. If the NCP's income is a steady, regular amount, the computation is fairly simple. If the NCP is paid irregularly (on commission, receives bonuses, or has overtime pay for example,) the computation can be adjusted to reflect an average amount. The NCP would have to be PREPARED to argue that circumstance if it exists.

The court will not be concerned with the NCP's expenses for housing, transportation, etc. Frankly, from a budgeting perspective, he should be counting the 25% as his first bill of the month and be living on no more than 90% of the rest. I know that it might seem impossible, but it's not -- and the court knows that. The kids need 25% as much as dad needs the rest. DOWNSIZE. I lived in my car for 66 days and worked two jobs at one time...and lived to tell the story. I'm not saying that anything that drastic is necessary but if he's paying 20% now, he can make it.

As far as seeking a change in custody, it's not going to happen without an attorney and some investigative work. The court is going to consider what's in the best interest of the children -- I bet the court will feel it's right where they are now (with the maternal grandparents.) And why does everyone wait until a support modification is requested before urgently seeking a custody change? If there is a serious abandonment issue, get an attorney and spend a few thousand to get those kids -- if they'll be better off with dad.

 

[ejmmolina]

What county are you in??? How long have kids been with maternal grandparents?? Was the counseling court ordered??? If so it will be allowed in court.

 

[jersey2005]

Thank you for your reply. I thought it was only 20%... or so I've been told by others in the situation but that would make sense. As far as why is he just now seeking custody.. he's been trying for years when they go to court but without being able to prove the fault of the mother.. he hasn't been able to succeed. By the court, they are supposed to be in her care but she's been out of the picture for a couple of years. Believe me, he is a father that loves his children and wants the best for him. I know it's hard to believe b/c this story is one sided but he is trying to do the right thing. Thanks for your advice.

 

[LdiJ]

Thank you for your reply. I thought it was only 20%... or so I've been told by others in the situation but that would make sense. As far as why is he just now seeking custody.. he's been trying for years when they go to court but without being able to prove the fault of the mother.. he hasn't been able to succeed. By the court, they are supposed to be in her care but she's been out of the picture for a couple of years. Believe me, he is a father that loves his children and wants the best for him. I know it's hard to believe b/c this story is one sided but he is trying to do the right thing. Thanks for your advice.

If the grandparents are the ones recieving child support, and the grandparents are the ones who are taking him to court for the increase, then it would appear that the grandparents have custody, not the mother. Otherwise they wouldn't be able to recieve CS or petition for an increase.

Dad really needs to get at least a consult with an attorney.

 

[Tinaa]

http://www.oag.state.tx.us/child/qa_ncp.shtml

Here is the Texas OAG's handbook for noncustodial parents. It should at least help you undertand that you must have a attorney.

 

[shawna maples]

Study the TX Family Code. This can be done online through a google search. It's long and indepth but the key to knowing tx family law.

 

[jersey2005]

Thanks for the links!

Actually, the gp do NOT have legal custody of the kids. The mother DOES have custody. Back when the children were abused he contacted cps, the ag office, but cps would never look into it. As far as the court knows, she's still there. BUT, they (the court) have been unsuccessful in locating her for court so I think they are getting the picture!! The father had the payments transferred to the gp because the mother was running off with it and the kids weren't seeing a dime.

He has made many mistakes in handling this, I know. But all we can do is try to correct it now.

My plan is to search for as much information as possible so that we can prepare him for this court case. Thanks to you guys you are giving me more to work with for that purpose. I know that because this is a child support hearing, he may not get to get his point across that he wants custody and to stop paying child support to the gp. And we realize that he will probably have to file for custody separately.. and get a lawyer (for that we know is a MUST). Which is what we plan to do depending on how this goes. But, the lawyers that actually agreed to hear his case, said there was nothing they could do for him right now.

I wish that we could prove that the mother isn't around.. and two, bring up the fact that the gp do not have custody.. because if that's the case then this shouldn't even be in court (as someone stated above). But we will learn his rights, investigate, (yes, get a lawyer), and fight.

Thanks again for your help!

 

[jersey2005]

One more question...

If the psychologists that the children see have stated that there was abuse in the mother's care, will a lawyer be able to present that in court? (oh and no it wasn't court ordered) JUST REALIZED I ALREADY WROTE THAT! lol

Also, if we can investigate and locate her residence in another location.. can you submit that? Any ideas on how to prove she hasn't been paying or caring for the children?

I have an investigative mind but not the resources