Court-TEXAS style

[atxguy]

What is the name of your state? Texas

On my citation it says, “I’m directed to file a written answer to the accompanying pleading on or before10am on the Monday next following the expiration of twenty days after you were served with this citation and accompanying pleading”. What do I do? Send a letter and say okay, I’m coming????

On the Suit for modification of Child Support Order it says, “The Court should modify the support order as to obligations accruing after the earlier of the date of service of citation on “me” or his appearance on this motion” What does this mean? Once the court has decided, it will back date to when I was served????

The suit also says I have to provide the AG pretty much any financial document I have (i.e. bank statements, social security letter, statement of benefits from IRA’s, etc.) on the 50th day after the service of this request. What happens if I don’t send any of that info?

The suit also states I need to pay reasonable attorney fees and all other costs of this proceeding. What if I believe the costs should be split and paid by the AG or the CP as well? When and where do I request this?

thanks!

 

[Ohiogal]

What is the name of your state? Texas

On my citation it says, “I’m directed to file a written answer to the accompanying pleading on or before10am on the Monday next following the expiration of twenty days after you were served with this citation and accompanying pleading”. What do I do? Send a letter and say okay, I’m coming????

On the Suit for modification of Child Support Order it says, “The Court should modify the support order as to obligations accruing after the earlier of the date of service of citation on “me” or his appearance on this motion” What does this mean? Once the court has decided, it will back date to when I was served????

The suit also says I have to provide the AG pretty much any financial document I have (i.e. bank statements, social security letter, statement of benefits from IRA’s, etc.) on the 50th day after the service of this request. What happens if I don’t send any of that info?

The suit also states I need to pay reasonable attorney fees and all other costs of this proceeding. What if I believe the costs should be split and paid by the AG or the CP as well? When and where do I request this?

thanks!

You need to answer the motion legally with statutes and case law supporting why you believe the costs should be split or anything else raised. You should really get an attorney involved. If you don't send the information you will be in contempt of the court order and will be punished.

 

[NotSoNew]

an "answer" is a form that needs to be filed. normally anything not included in your answer can not be brought up at the hearing.

 

[NotSoNew]

what is the citation and pleading for? child support? custody/visitation? divorce?

A petition is answered by either Original Answer or Answer and Counter-Petition. Similar to the Original Petition, the Answer or Counter-Petition is a document which tells the Court what that person wants.

some forms are available online if you search by your county.

 

[Kane]

You should hire an attorney. If you can't, or won't, you should file a "General Denial."

Look for the forms online or at your local law library.

It'll look something like this:

CA# ___________

In the Interest of

______________

Minor Children


General Denial

Comes Now the Respondent in the above-referenced matter, and makes this, his Original Answer. Respondent hereby submits a GENERAL DENIAL to each of the Petitioner's claims, plural and singular, and demands strict proof, in accordance to law.

Etc.



You'll need to serve a copy on the petitioner, as well as file it at the courthouse.

 

[atxguy]

Thanks for the responses!!

The citation is for child support. I agree with paying it, I just disagree with what I'm supposed to pay and paying all the court fees. Does anyone have any websites to recommend for the forms? You can PM them to me if you would like.

 

[Inquiry123]

On my citation it says, _I_m directed to file a written answer to the accompanying pleading on or before10am on the Monday next following the expiration of twenty days after you were served with this citation and accompanying pleading_. What do I do? Send a letter and say okay, I_m coming????

TX:

If my auto needs some repair, I take it to a specialist. I could learn how to repair it myself (over several years) but it is much more efficient (financially) for me to have a qualified mechanic perform the labor. I don't have the tools, knowledge, or confidence to do the job correctly -- and I can't prepare myself to do that job in a few weeks.

Similarly, not many will encourage a do-it-yourself representation in court. Other than Small Claims, don't expect to find fill-in-the-blank forms or answers online.

Some judges might give you some latitude while others will ignore you entirely if you do not conform to the rules of court. If you try to do this entirely by yourself, you can expect to have your lunch handed to you (or taken away, in this case) and be pretty well embarassed by the end of the hearing.

Why, EXACTLY, do you disagree with the amount of support calculated by the AG? What is the amount you figure that the support should be? How did you arrive at that amount? Are you fighting over $5 per month? What are your arguments?

If you can't afford an att'y to represent you in this matter, you may want to consider hiring a paralegal to prepare your answer to the citation. Check the phone book. It'll cost you less than $200 and will state your arguments in a format acceptable to the court. That'll give some time to study-up and rest will be up to you.

Most first-timers are usually ordered to pay their own legal fees and split the court costs. You may be required to foot the entire bill if you can't defend yourself adequately. Good luck.

 

[ceara19]

If you just absolutely can't hire someone to assist you, check to see if your county has a law library. (Usually at the courthouse). Most of them have very nice law librarians that will help you fill out everything you need in the proper manner.

You can ASK that legal fees be split between you and mom, but NOT the AG. The chances are slim that you will get it, but you definately won't if you don't ask. You will probab;y be ordered to pay COURT COSTS only. If mom has a lawyer of her own (NOT from the OAG, ask that SHE be required to pay for her own attorney. (That you should get.)

Ask the person that shows up from th OAG, exactly what their job title is. More then likely, they are only a case worker, with NO legal background, and you cannot be billed for an attorney from the OAG unless they actually SEND an attorney, which rarely ever happens unless the case is unusual or you demand one.

 

[atxguy]

I appreciate everyone’s input!

Inquiry123, your analogy is a good one and I agree. Let’s suppose I was trying to fix my car and could not do it for many reasons. I can not afford to pay a mechanic to do it either, so I’ll ride the bus. This forum is my “bus” because I can not afford an attorney, but I have to go to court. I’ve learned a lot about this process and enjoy the experience so far. I wish I had a few other options, but the reality of it is I do not. I’m ready to face the court and give my best attempt. My dignity will never be taken or broken.

I went to the library yesterday and found a book with a general answer form. This book is not really specific to Texas, but it is pretty good. In the form example it mentions including a completed Uniform Child Custody Jurisdiction Act Affidavit. Does anyone know if this is needed for courts in Texas?

I don’t think it matters, but what if the CP makes more money than the NCP? Many arguments could be made about this, but I’m wondering if the courts care and how might they address it.

Thanks!

 

[atxguy]

If you just absolutely can't hire someone to assist you, check to see if your county has a law library. (Usually at the courthouse). Most of them have very nice law librarians that will help you fill out everything you need in the proper manner.

You can ASK that legal fees be split between you and mom, but NOT the AG. The chances are slim that you will get it, but you definately won't if you don't ask. You will probab;y be ordered to pay COURT COSTS only. If mom has a lawyer of her own (NOT from the OAG, ask that SHE be required to pay for her own attorney. (That you should get.)

Ask the person that shows up from th OAG, exactly what their job title is. More then likely, they are only a case worker, with NO legal background, and you cannot be billed for an attorney from the OAG unless they actually SEND an attorney, which rarely ever happens unless the case is unusual or you demand one.

I get what you are saying, but a little confused. You mentioned I can not be billed for an attorney form the OAG unless one shows up. The part that confuses me is when do I see the bill? If I was in a restuarant and I was charged for an extra meal, I protest it there on the spot. Will I see the bill and get time to review to agree or disagree? What if I want to bill the OAG for my time? It seems like a one way street that should be two way.

 

[weenor]

I get what you are saying, but a little confused. You mentioned I can not be billed for an attorney form the OAG unless one shows up. The part that confuses me is when do I see the bill? If I was in a restuarant and I was charged for an extra meal, I protest it there on the spot. Will I see the bill and get time to review to agree or disagree? What if I want to bill the OAG for my time? It seems like a one way street that should be two way.

The point is that only a licensed attorney can charge for his/her time. If the court assesses such fees the attorney will be required to submit a bill (at the end of the case) to show what time has actually been put into the case. The judge will then (or not) order that you pay the bill.

 

[ceara19]

I get what you are saying, but a little confused. You mentioned I can not be billed for an attorney form the OAG unless one shows up. The part that confuses me is when do I see the bill? If I was in a restuarant and I was charged for an extra meal, I protest it there on the spot. Will I see the bill and get time to review to agree or disagree? What if I want to bill the OAG for my time? It seems like a one way street that should be two way.

When you go to court, get the OAG rep's information. It should all be on their business card. If they don't have a card, call the OAG after court and ask what that persons job title is. When you get the bill from the court (which can take 3 - 6 months) if they don't itemize the charges, call the court clerrk and ask for an itemized bill. If the OAG charges attorney fees, write a letter to the clerk, disputing the charge with your reasons (ie - the business card of the person or a letter from the OAG with that persons job title.)

You have plenty of time to pay the bill off. I don't know of any cases where a person ordered to pay court costs was brought back to court ONLY because they failed to pay them. My ex still hasn't paid the filing fees from July 1999 and the court has done nothing other then put it on his credit report.

No one gets to bill the OAG. They work for the state. (They say they work for the child, but that's crap.) They don't work for you or for MOM. If she brings her own lawyer, she should have to pay for that herself. She no more HAS to have an attorney then you do.

 

[atxguy]

I crafted up an answer to share with you. How does it look?

In the Circuit Court
Some County, Texas


The State of Texas
MOM, )
Petitioner, )
v. ) Case No. ABC-123
)
Frank Rizzo, )
Respondent. )




RESPONSE TO PETITION FOR SUIT FOR MODIFICATION OF CHILD SUPPORT ORDER


I, Frank Rizzo, being the Respondent herein certify that the following information is true:

1. I admit the allegation contained in the following numbered paragraphs in the Petition:

2. I deny the allegations contained in the following numbered paragraphs in the Petition:

3. I currently am unable to admit or deny the allegations contained in the following paragraphs due to lack of information:

4. Child support should be determined in accordance with the worksheet form which will be filed after the other party serves his or her financial affidavit.

5. Anything else I should maybe add??

 

[ceara19]

I crafted up an answer to share with you. How does it look?

In the Circuit Court
Some County, Texas


The State of Texas
MOM, )
Petitioner, )
v. ) Case No. ABC-123
)
Frank Rizzo, )
Respondent. )




RESPONSE TO PETITION FOR SUIT FOR MODIFICATION OF CHILD SUPPORT ORDER


I, Frank Rizzo, being the Respondent herein certify that the following information is true:

1. I admit the allegation contained in the following numbered paragraphs in the Petition:

2. I deny the allegations contained in the following numbered paragraphs in the Petition:

3. I currently am unable to admit or deny the allegations contained in the following paragraphs due to lack of information:

4. Child support should be determined in accordance with the worksheet form which will be filed after the other party serves his or her financial affidavit.

5. Anything else I should maybe add??

In Texas the other parties finacials don't make any difference in setting child support.

 

[Inquiry123]

Caution: One-way street ahead!

Inquiry123, your analogy is a good one and I agree. Let_s suppose I was trying to fix my car and could not do it for many reasons. I can not afford to pay a mechanic to do it either, so I_ll ride the bus. This forum is my _bus_ because I can not afford an attorney, but I have to go to court. I_ve learned a lot about this process and enjoy the experience so far. I wish I had a few other options, but the reality of it is I do not. I_m ready to face the court and give my best attempt. My dignity will never be taken or broken.

Problems with the bus...1) Too many stops (takes too long) and you're gonna miss your app't or show-up smellin' bad, 2) Too many crazy lookin' people riding the bus! I don't suggest hitchin'-a-ride, either!! However, I will say, it takes some guts to take that ride to an unfamiliar part of town -- Good luck.

So far, you've learned that the CP's income is totally irrelevant in TX and that you can't charge anyone for your time. Those are key items. If you share the EXACT points on which you disagree with the AG's calculation, you will get the answers you need for D-Day.