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ex is sueing again for

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ATSproperty

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

Hello,

I have been served papers from ex wife for child support arrears ($3800 including interest) and order to appear and petition to modify parent-child relationship.

My question is what shoud I be looking for in an attorney to hire?

What kind of approach should I take? Should I counter sue something?

What would you do in this situation?

All the feedback is greatly accepted.
 


Isis1

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

Hello,

I have been served papers from ex wife for child support arrears ($3800 including interest) and order to appear and petition to modify parent-child relationship.

My question is what shoud I be looking for in an attorney to hire?

What kind of approach should I take? Should I counter sue something?

What would you do in this situation?

All the feedback is greatly accepted.
have you tried paying child support?

and on what context is mom trying to modify your visitation schedule?
 

TheGeekess

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

Hello,

I have been served papers from ex wife for child support arrears ($3800 including interest) and order to appear and petition to modify parent-child relationship.

My question is what shoud I be looking for in an attorney to hire?

What kind of approach should I take? Should I counter sue something?

What would you do in this situation?

All the feedback is greatly accepted.
If you're going to get snippy with those VOLUNTEERING THEIR TIME, then you'd better be calling attorneys in the AM. :rolleyes:
 

Isis1

Senior Member
If I wanted a smart butt answer I would of used a different forum. I expect professionalism here. Thank You
it wasn't a smart arse question. it was a real one. have you tried paying your child support? if mom is addressing your arrears to the court, what payment plan are you willing to work out so you can get those arrears down to $0?

under what context does mom want to change your parenting visitation? does she want to make it less? more? change hours around?

you have to be more specific. how else do you plan on getting any assistance?
 

ATSproperty

Junior Member
ok forgive me, I could of read into it wrong. It just sounded smart ***
I do pay my child support, most payments are 2 to 3 hundred $ more then the required payment. I just havent been able to do them every month usually 2 months or 6 weeks apart.
Im not sure what the she wants to change yet. I think that its the summer extra visitation 4 being 100 miles or more apart.
Im just thinking that I should fight back with a suet of my own to conter her and create a tool for negotiation.
I feel she is just being petty and happens to have an aggrissive attorney.
 

Isis1

Senior Member
ok forgive me, I could of read into it wrong. It just sounded smart ***
I do pay my child support, most payments are 2 to 3 hundred $ more then the required payment. I just havent been able to do them every month usually 2 months or 6 weeks apart.
Im not sure what the she wants to change yet. I think that its the summer extra visitation 4 being 100 miles or more apart.
Im just thinking that I should fight back with a suet of my own to conter her and create a tool for negotiation.
I feel she is just being petty and happens to have an aggrissive attorney.
have you done your own accounting? are you in arrears? how much? work on a payment plan to lower those amounts down. why is it you cannot pay your child support at the appointed court ordered time?

a counter suit doesn't do anything for you. you need to answer the points she brings forward.

if mom wants to change the visitation schedule due to distance, it would be reasonable. what is the visitation schedule like now? who is doing the transportation? who is moving?
 

ATSproperty

Junior Member
Yes I am in arrears. It is roughly like I said (about $3800) over 4 years.
I work for myself and I dont always get paid on a regular basis like the average empolyee does. The resent turn in the economy really put my line of work on the back burner so I have changed focus and started another co. and am now starting to see a slight increase in income.
We split the travel. drop off is split each time.
The papers say original city she moved and motified it I had restrictions on that but didnt fight it. Now I have moved (30 miles) to different county. 1st county was 100 miles now its 114 miles. restrictions say she or I can only go original county or contiguous county. which we both are still in.
visit is 1st 3rd and 5th weekends, rotate major holidays and over 100 mile extended stay in summer
 

Isis1

Senior Member
Yes I am in arrears. It is roughly like I said (about $3800) over 4 years.
I work for myself and I dont always get paid on a regular basis like the average empolyee does. The resent turn in the economy really put my line of work on the back burner so I have changed focus and started another co. and am now starting to see a slight increase in income.
We split the travel. drop off is split each time.
The papers say original city she moved and motified it I had restrictions on that but didnt fight it. Now I have moved (30 miles) to different county. 1st county was 100 miles now its 114 miles. restrictions say she or I can only go original county or contiguous county. which we both are still in.
visit is 1st 3rd and 5th weekends, rotate major holidays and over 100 mile extended stay in summer
the law doesn't require mom to negotiate on the arrears. those are there to stay. i suggest you start budgeting to make your payments on time and additional payments to catch up on arrears. or the arrears and interest will start building over time. and no, this isn't like a credit card debt where after sitting for so long they try to accomodate you by lowering your debt if you pay in a certain amount of time.

from the looks of it, you created the last distance. so you may be required either still provide the 50/50 transportation or the increased distance.

would you object to the visitation staying the same? do you want more? need changing to suit your schedule?
 

ATSproperty

Junior Member
i have no problem with visitation, I would like more of course ...who wouldnt but I know my kids and have promised myself I would never make them choose. I do think its fair thought that someday before they graduate hs that I have primary residense for a few years ...after all she has got to have most all there school memories.

I think (just my opinion) that its greed...she got pregnate and now has another kids thats about 1yr old has got married a few months ago had a expensive honeymoon,bought a huge house and a expensive car so my money isnt being used soley on my kids. I also buy then new shoes,eyeglasses and stuff every so often. im ramblen on


thanks
 

Isis1

Senior Member
i have no problem with visitation, I would like more of course ...who wouldnt but I know my kids and have promised myself I would never make them choose. I do think its fair thought that someday before they graduate hs that I have primary residense for a few years ...after all she has got to have most all there school memories.

I think (just my opinion) that its greed...she got pregnate and now has another kids thats about 1yr old has got married a few months ago had a expensive honeymoon,bought a huge house and a expensive car so my money isnt being used soley on my kids. I also buy then new shoes,eyeglasses and stuff every so often. im ramblen on


thanks

look, i don't understand this whole "unless the custodial parent is destitute he/she isn't using the child support for the children" nonsense.

if the children are fed, clothed, housed, taken to all doctor appointments, taken to school, they are being provided for. what mom has, what she spends HER money on, is none of your business. and that's being real. no snippiness.
 

CJane

Senior Member
i have no problem with visitation, I would like more of course ...who wouldnt but I know my kids and have promised myself I would never make them choose. I do think its fair thought that someday before they graduate hs that I have primary residense for a few years ...after all she has got to have most all there school memories.

I think (just my opinion) that its greed...she got pregnate and now has another kids thats about 1yr old has got married a few months ago had a expensive honeymoon,bought a huge house and a expensive car so my money isnt being used soley on my kids. I also buy then new shoes,eyeglasses and stuff every so often. im ramblen on


thanks
They're not throw pillows for god's sake. You're LESS likely to be able to change custody the older the kids/longer they live with Mom... not MORE likely.
 

Isis1

Senior Member
They're not throw pillows for god's sake. You're LESS likely to be able to change custody the older the kids/longer they live with Mom... not MORE likely.
but it's fair!!!!! it's fair for the OP!!! it's his turn!!!! (stomps feet, holds breathe)
 

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