Ex wants to lower child support and I can't afford a lawyer.

[audbrewer]

Texas- My ex husband, recently quit a very good paying job because he was having to work out of town and only getting to see our son 1 or 2 weekends a month. I currently have an open door visitation arrangement with him so he sees him every weekend. He took a job paying 50/hour working 40 hours a week (per former co employee). FYI-he is not seeing his son anymore than he used to. He leaves our son with his Mom and goes out and parties and has fun on weekends (per his Facebook page posts, which I have printed out).

He has a lawyer and is trying to lower his child support by $1000 month to just $500 month. We went to a settlement conference with him and his lawyer (my husband and I can't afford one) and when the lawyer said $500 a month, I told her "child support is based on earning potential and since he quit his job voluntarily, nothing should change". She, the lawyer, jumped up and said "meeting over, we will be serving you papers". I went in this meeting ready to offer $100 less a week and my husband and I would pay medical insurance. I thought that was fair.

Am I wrong in my understanding of the law? He says he has operating expences (but he claims one truck payment in the amount of $1100 that isn't even a work truck, he is a welder and has another truck for welding). I don't want to be unfair to him, but I don't think you should pay more for one of your 2 trucks than you do for your own child. I have tried to negotiate with him outside of court, but he seems to want to go to court. I can't pay $3000 for a lawyer! I'm scared if I don't get one, I'll lose $500+ a month. What can I do?

 

[Ohiogal]

Take it to court. Is he an EMPLOYEE or a subcontractor/contractor?

What evidence do you have that he is making $2000 a week?

 

[audbrewer]

I'm not sure about this job. He will not share any info at all with me. At his last job, he recieved 2 checks per week 1: Hourly wages with taxes taken out for $35 an hour 2: A check for his equipment rental (rig expences) that was $15 an hour with no taxes taken out. The welders generally tried to hide the second check from courts and IRS (most all are paying child support). Total he made about $150-$200K per year. This job is about 20 hours less per week. I got his approx current hourly from a friend, who until very recently, worked for that company doing the same job (I know it's not accurate but I also know he wouldn't take a job for $500 a week when he was used to 4 times that much).

How do I take it to court without a lawyer? Seems like a bad idea. But if you can't afford one you can't afford one. We would have to sell everything in our house just to pay lawyer's fees.

 

[Silverplum]

I don't have time to search for you right now -- but GOOGLE some info for youself.

For instance, do you receive the current CS through the state agency? If so, they will help you. If not, they'll still help you. Google and contact them.

See a post I made earlier today about alimony -- the legal links are to TN info that won't help you, but my words about finding legal help are useful across the board.

https://forum.freeadvice.com/alimony-spousal-support-35/alimony-c-s-limited-funds-557776.html#post2873555

Knowledge is power, honey. Gain it.

 

[audbrewer]

I have been Googling constantly for 2 days...that's how I found this site. He pays through the Attorney General's office of Texas. I have looked all through their website and found nothing about child support legal advise.

Also, I haven't recieved a payment in 20 days. His lawyer advised him to pay less than the court order until this is all worked out. I told him, as far as the Attorney General's office is concerned, the payment amount has not changed and that his lawyer was going to get him in trouble. I don't want to file against him (he seems to trust this lawyer who I think is going to end up hurting him and is just telling him what he wants to hear) because I really am trying to keep this peaceful. I don't want more money than he should have to pay, but I also don't want him to get away with not claiming all of his income and cheating me and our son out of money we need to give our son a comfortable life. I just want what is fair.

 

[Silverplum]

I have been Googling constantly for 2 days...that's how I found this site. He pays through the Attorney General's office of Texas. I have looked all through their website and found nothing about child support legal advise.

Also, I haven't recieved a payment in 20 days. His lawyer advised him to pay less than the court order until this is all worked out. I told him, as far as the Attorney General's office is concerned, the payment amount has not changed and that his lawyer was going to get him in trouble. I don't want to file against him (he seems to trust this lawyer who I think is going to end up hurting him and is just telling him what he wants to hear) because I really am trying to keep this peaceful. I don't want more money than he should have to pay, but I also don't want him to get away with not claiming all of his income and cheating me and our son out of money we need to give our son a comfortable life. I just want what is fair.

You need to file for contempt if he doesn't pay his court ordered CS in full. Here's beginning info:
https://www.oag.state.tx.us/cs/parents/faq.shtml#behind

Find your local office for help -- make an appointment, and GO there and ASK for help:
https://childsupport.oag.state.tx.us/wps/portal/csi

Info on CS modification:
https://www.oag.state.tx.us/cs/parents/faq_modifications.shtml#1

No, the CSE office is not your personal attorney. BUT they can help you get the CS you are already ordered to receive, and walk you through a review process. It's better than nothing.

Keep Googling. Read the info given on family attorney websites in your state.