How to cancel court date for child support?

[smiilez007]

What is the name of your state (only U.S. law)?

 

[smiilez007]

^^^^

I originally filed 01/2013...they didn't serve him papers because instead of coming into OAG office,he had a petition for custody filed. I got him to cancel it and he's been paying what OAG came up with $380.
Recently I've been looking into daycare since i work overnight and want him to socialize. About $780 a month, i make minimum wage and the father doesnt want to give me money towards that. I heard about NCI,so i got my child support case restarted, he got served,now he saying he will help and we should come up with our own agreement and not court. I somewhat believe him and I rather not go to court either. What can i do??

 

[smiilez007]

Texas

I originally filed 01/2013...they didn't serve him papers because instead of coming into OAG office,he had a petition for custody filed. I got him to cancel it and he's been paying what OAG came up with $380.
Recently I've been looking into daycare since i work overnight and want him to socialize. About $780 a month, i make minimum wage and the father doesnt want to give me money towards that. I heard about NCI,so i got my child support case restarted, he got served,now he saying he will help and we should come up with our own agreement and not court. I somewhat believe him and I rather not go to court either. What can i do??

 

[Proserpina]

I originally filed 01/2013...they didn't serve him papers because instead of coming into OAG office,he had a petition for custody filed. I got him to cancel it and he's been paying what OAG came up with $380.
Recently I've been looking into daycare since i work overnight and want him to socialize. About $780 a month, i make minimum wage and the father doesnt want to give me money towards that. I heard about NCI,so i got my child support case restarted, he got served,now he saying he will help and we should come up with our own agreement and not court. I somewhat believe him and I rather not go to court either. What can i do??

If I were either of you, I'd want the protection of a court order.

Is there a particular reason you prefer not to have a court order? They protected ALL of you.

 

[Zigner]

Even if you come to an agreement outside of court, you'll want to go to court to have it formally recorded as a court order. Otherwise, the agreement doesn't mean anything, legally speaking.

 

[Zigner]

Wait...

You work overnight, so you, presumably, have somebody to watch the child while you are at work already and you are home with the child during the day. Why should the child go to daycare? If you want him to socialize, take him to the park, or sign up for some sort of "mommy & me" class.

 

[torimac]

Also keep in mind that OAG might not have the regulations for your state. You (and the child) are in Texas. For him to be paying $380, he would need to be earning only $23,000. That puts him at (Army pay) E4 with less than 4 years experience or E3 with experience and no other income, such as housing allowance and no other children. Now, that may be the case or may not. But either way, orders protect you; there is no arguing about paying or the amount. Don't be scared of court or orders.

 

[smiilez007]

Well the $380 was like 2 jobs ago, he works for a hospital at home.and he does have a 10 year old daughter but his mom is taking care of her (who filed for custody of her but he won). He doesn't give her money nor claim her on taxes (his mom is a CNA).so would the court lower my amount? He already doesnt like paying the $380

 

[torimac]

Even with one other child, he would need to be earning only about 2k gross a month for child support to be that low. Also, in Tx, he is supposed to be providing medical insurance if it is available through his job. And whether he likes it or not, if you have an order through the state, they will take it out of his paycheck-he won't have a choice. It's best to have orders because he can't choose to withhold it for any reason and the amount is legally correct for your state.

ETA: Given that the local Dairy Queen is hiring at $12/hour, which is about $350-400 a month for one child, I have a hard time believing that he is earning less than that working at a hospital. Working for a hospital at home usually means either medical data entry or tech work, both of which usually pay more than $12/hour.