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Texas child support order modification

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RYnRJ2003

Junior Member
I'm in Texas - my case is actually out of another county about 4 hours away and we're in the process of getting it moved to the county we currently live in.

I have 3 children with my ex. Two live with me (one is an adult now and out of the house). Originally, because I had to move out of state - our children primarily lived with their father with me paying child support to him (their entire family was here and it was easier on them all) -- 5 years ago, when I moved back - our children moved back in with me. My ex said he called the child support office and "closed" the case and I never questioned him about it - I always assumed we had a good relationship. Once the boys lived with me - financial help from him was few and far between. It wasn't a HUGE problem since I worked as well as my current husband. He was married then with 2 stepchildren as well. Had them twice a month (lived in the next city over). About a year ago - we had to bring a criminal case against him in a private matter - something he's done to a member of my family which is still on-going. He re-opened this "closed" case to get "back child support" from me from this whole time .. it's in the tune of 30K once they calculated all the figures. I, in turn, filed my own motion to get the children support and have the order changed me being the primary custodial parent. These are things that I thought he had done since he told me he did - I was the stupid one and didn't question him. :/ I've explained to the AG's office that they kids have lived with me, provided them proof with medical insurance I cover them with, their school records, medical documents, etc.

I got my court documents along with a form called "Waiver of Service" - I signed it and sent it back .. I can NOT remember now what it said and I can't find the copy of it.

I never heard when the court hearing would be but found it last week when I looked online via the county website --

My questions are:

Why have I not been informed of this court hearing?

Am I required to go to the AG hearing?

The AG's office had me send them again about a month ago all my documentation - school records, medical documentation with our address and the boys listed under it, letters from the school with letterhead stating when they've been enrolled in this towns school system, I wrote a 4 page letter documenting everything that's been going on between my ex and I.

This is how it's listed:

12/30/2013 Motion to Modify (OCA) NOTICE OF CHANGE OF STATUS AND MOTION FOR FURTHER ORDERS
01/31/2014 WAIVER WAIVER OF SERVICE
02/25/2014 Citation Respondant Served 03/18/2014 Returned 03/27/2014
03/27/2014 SCANNED CIT/PRECEPT/NOTICE, ETC
04/01/2014 NOTICE OF HEARING
04/02/2014 Original Answer RESPONDENT ORIGINAL ANSWER AND FURTHER MOTION AND CROSS CLAIM-TO CA 4/7/14
04/07/2014 Clerks Note
mr. xxx did not sent 71.00 for his cross-action; prepared bill of cost and mailed
04/07/2014 Motion for Continuance
04/08/2014 AFFIDAVIT OF INDIGENCY
04/15/2014 Clerks Note
sent copy of respondent's answer and motion to ag; file sent to ca
05/08/2014 AG Hearing Before Judge on Notice of Change of Status & Motion for Further Orders


The court documents are notice of change of status and motion for further orders in favor of me - asking for the arrears to be credited and his date to be started on the date of the children moving back with me - asked for all his financial documentations (tax records, etc), said that he voluntarily relinquished the children to me, order that he pay for the costs of the proceedings.

I'm just completely lost and not sure if I have to be there at the court house ... the thoughts of me even having to be in the same room as him sickens me because of the reasoning behind our criminal case.

Does anyone have any answers to this?
 


Proserpina

Senior Member
I'm in Texas - my case is actually out of another county about 4 hours away and we're in the process of getting it moved to the county we currently live in.

I have 3 children with my ex. Two live with me (one is an adult now and out of the house). Originally, because I had to move out of state - our children primarily lived with their father with me paying child support to him (their entire family was here and it was easier on them all) -- 5 years ago, when I moved back - our children moved back in with me. My ex said he called the child support office and "closed" the case and I never questioned him about it - I always assumed we had a good relationship. Once the boys lived with me - financial help from him was few and far between. It wasn't a HUGE problem since I worked as well as my current husband. He was married then with 2 stepchildren as well. Had them twice a month (lived in the next city over). About a year ago - we had to bring a criminal case against him in a private matter - something he's done to a member of my family which is still on-going. He re-opened this "closed" case to get "back child support" from me from this whole time .. it's in the tune of 30K once they calculated all the figures. I, in turn, filed my own motion to get the children support and have the order changed me being the primary custodial parent. These are things that I thought he had done since he told me he did - I was the stupid one and didn't question him. :/ I've explained to the AG's office that they kids have lived with me, provided them proof with medical insurance I cover them with, their school records, medical documents, etc.

I got my court documents along with a form called "Waiver of Service" - I signed it and sent it back .. I can NOT remember now what it said and I can't find the copy of it.

I never heard when the court hearing would be but found it last week when I looked online via the county website --

My questions are:

Why have I not been informed of this court hearing?

Am I required to go to the AG hearing?

The AG's office had me send them again about a month ago all my documentation - school records, medical documentation with our address and the boys listed under it, letters from the school with letterhead stating when they've been enrolled in this towns school system, I wrote a 4 page letter documenting everything that's been going on between my ex and I.

This is how it's listed:

12/30/2013 Motion to Modify (OCA) NOTICE OF CHANGE OF STATUS AND MOTION FOR FURTHER ORDERS
01/31/2014 WAIVER WAIVER OF SERVICE
02/25/2014 Citation Respondant Served 03/18/2014 Returned 03/27/2014
03/27/2014 SCANNED CIT/PRECEPT/NOTICE, ETC
04/01/2014 NOTICE OF HEARING
04/02/2014 Original Answer RESPONDENT ORIGINAL ANSWER AND FURTHER MOTION AND CROSS CLAIM-TO CA 4/7/14
04/07/2014 Clerks Note
mr. xxx did not sent 71.00 for his cross-action; prepared bill of cost and mailed
04/07/2014 Motion for Continuance
04/08/2014 AFFIDAVIT OF INDIGENCY
04/15/2014 Clerks Note
sent copy of respondent's answer and motion to ag; file sent to ca
05/08/2014 AG Hearing Before Judge on Notice of Change of Status & Motion for Further Orders


The court documents are notice of change of status and motion for further orders in favor of me - asking for the arrears to be credited and his date to be started on the date of the children moving back with me - asked for all his financial documentations (tax records, etc), said that he voluntarily relinquished the children to me, order that he pay for the costs of the proceedings.

I'm just completely lost and not sure if I have to be there at the court house ... the thoughts of me even having to be in the same room as him sickens me because of the reasoning behind our criminal case.

Does anyone have any answers to this?
The most important thing here is the court date. If you can't or won't attend, you need an attorney in there. So yes - you turn up. Otherwise Dad's going to get what he wants. I'm not even convinced that you won't get hit if you turn up anyway, but either way you need to be there.
 

RYnRJ2003

Junior Member
The most important thing here is the court date. If you can't or won't attend, you need an attorney in there. So yes - you turn up. Otherwise Dad's going to get what he wants. I'm not even convinced that you won't get hit if you turn up anyway, but either way you need to be there.
Well apparently I jumped the gun on this post. LOL. I got the court documents in the mail today - literally a few minutes ago - stating the hearing day and time and that I AM required to be there. So .. guess I have a road trip to take. :) Thanks!
 

Proserpina

Senior Member
Well apparently I jumped the gun on this post. LOL. I got the court documents in the mail today - literally a few minutes ago - stating the hearing day and time and that I AM required to be there. So .. guess I have a road trip to take. :) Thanks!

LOL that's great - good luck! :)
 

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