How can I get child support?

[ruraljuror]

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

I was wondering if anyone could give me any advice on what steps I am able to take next, if any.

My daughter was born in Nov 2012. I filed for child support the week she was born. The father was served Nov 2013. Jan 2014 was our first court date; neither he nor his attorney showed up to court, instead his attorney requested a paternity test via fax. He left his DNA at the testing site, then promptly left the country (he is in a country that is not a member of the Hague Convention). Paternity was confirmed Jan 2014. The next hearing was Feb 2014, neither he nor his attorney showed up to court. The AG called his attorney to inquire why she didn't show up, his attorney said that they weren't properly informed of the court location. She informed the AG that she would be petitioning the courts for a venue change, and filing a couple motions. Basically, she was going to try to extend this process as long as she could. The next court date was scheduled for May 2014 (I hired an attorney in Feb).

The attorneys facilitated the process of negotiating an agreement for child support and custody between myself and the other party, so that the agreement was ready for our court hearing in May 2014. The agreement was read before the judge, and he asked both attorneys the time frame in which they would need to submit the finalized agreement. The attorneys agreed that they would submit the agreement for entry in 2 weeks (the end of May 2014). The first child support payment was to be due on June 1, 2014.

Since our court date in mid May, the other party (the child's father) has disappeared off the face of the earth. I've only seen him once since I told him I was pregnant (when he met my daughter at 11 months old). He has refused to answer any attempts at contact from his attorney, when he had been in constant communication with her since he left the country in January. He has been sent the agreement for his e-signature, but has not responded at all to phone calls or emails.

He can afford to drag this process out, as he is very well off financially. On the other hand, I can no longer afford to pay my attorney. The money from the retainer fee (which really hurt me financially to pay) has been exhausted. The office of the Attorney general's hands are tied, and they are unable to do anything for me because I have hired an attorney who filed an agreement. The agreement hasn't been entered into the courts or signed by a judge, so it is not an order nor is it enforceable. The Office of the AG will not order the other party to pay child support, because there is an agreement on file with the courts, filed by my attorney.

When I called the Office of the AG to ask what I could do, they told me to call my attorney and ask her, because they legally cannot speak to me without my attorney present. I can't afford to even speak to my attorney. I'm in a really bad financial situation right now, so at $250/billable hour, I can't even afford the 15 minute increment she would bill me for. I asked the AG can I "fire" my attorney and proceed without her so that they would be able to help me again, and they said no, because she has already filed the agreement, so their hands are tied.

Is there anything that I can do at this point to get a court order for child support? Texas does wage withholding, and he's been a global account manager at an oil & gas company for the past 20 years, so the money is there (the capped state max) if I could just get court ordered child support.

I have downsized everything and go without a lot, and I'm still struggling financially. My income level makes it really hard to pay my bills and child care simultaneously.

 

[Proserpina]

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

I was wondering if anyone could give me any advice on what steps I am able to take next, if any.

My daughter was born in Nov 2012. I filed for child support the week she was born. The father was served Nov 2013. Jan 2014 was our first court date; neither he nor his attorney showed up to court, instead his attorney requested a paternity test via fax. He left his DNA at the testing site, then promptly left the country (he is in a country that is not a member of the Hague Convention). Paternity was confirmed Jan 2014. The next hearing was Feb 2014, neither he nor his attorney showed up to court. The AG called his attorney to inquire why she didn't show up, his attorney said that they weren't properly informed of the court location. She informed the AG that she would be petitioning the courts for a venue change, and filing a couple motions. Basically, she was going to try to extend this process as long as she could. The next court date was scheduled for May 2014 (I hired an attorney in Feb).

The attorneys facilitated the process of negotiating an agreement for child support and custody between myself and the other party, so that the agreement was ready for our court hearing in May 2014. The agreement was read before the judge, and he asked both attorneys the time frame in which they would need to submit the finalized agreement. The attorneys agreed that they would submit the agreement for entry in 2 weeks (the end of May 2014). The first child support payment was to be due on June 1, 2014.

Since our court date in mid May, the other party (the child's father) has disappeared off the face of the earth. I've only seen him once since I told him I was pregnant (when he met my daughter at 11 months old). He has refused to answer any attempts at contact from his attorney, when he had been in constant communication with her since he left the country in January. He has been sent the agreement for his e-signature, but has not responded at all to phone calls or emails.

He can afford to drag this process out, as he is very well off financially. On the other hand, I can no longer afford to pay my attorney. The money from the retainer fee (which really hurt me financially to pay) has been exhausted. The office of the Attorney general's hands are tied, and they are unable to do anything for me because I have hired an attorney who filed an agreement. The agreement hasn't been entered into the courts or signed by a judge, so it is not an order nor is it enforceable. The Office of the AG will not order the other party to pay child support, because there is an agreement on file with the courts, filed by my attorney.

When I called the Office of the AG to ask what I could do, they told me to call my attorney and ask her, because they legally cannot speak to me without my attorney present. I can't afford to even speak to my attorney. I'm in a really bad financial situation right now, so at $250/billable hour, I can't even afford the 15 minute increment she would bill me for. I asked the AG can I "fire" my attorney and proceed without her so that they would be able to help me again, and they said no, because she has already filed the agreement, so their hands are tied.

Is there anything that I can do at this point to get a court order for child support? Texas does wage withholding, and he's been a global account manager at an oil & gas company for the past 20 years, so the money is there (the capped state max) if I could just get court ordered child support.

I have downsized everything and go without a lot, and I'm still struggling financially. My income level makes it really hard to pay my bills and child care simultaneously.

Honestly? You need to budget as if you'll never get child support.

No matter what you do, some people are just never going to pay.

Your attorney is still on the case - can you borrow the money just get this actually ordered?

 

[ruraljuror]

Honestly? You need to budget as if you'll never get child support.

No matter what you do, some people are just never going to pay.

Your attorney is still on the case - can you borrow the money just get this actually ordered?

Yes, you are right.

Today, I really regret hiring the attorney. That was completely and absolutely out of my budget. That money broke me. Unfortunately, it didn't work out for me and right now, I have nothing to show for all the money that I paid.

I didn't know getting an order at this point (after the agreement has been filed) was an option. Thank you for suggesting that, that's the type of advice I'm seeking. I'm sure that's something my attorney could suggest, but like I said, I can't even afford to call her and ask "What are our options? Where can we go from here?"

I would borrow money if I could see light at the end of the tunnel. But if it doesn't work out and I do not receive child support money, I'd never be able to pay back the money I would borrow. I don't want to screw anybody else over for helping me when I need it.

Thank you.

 

[stealth2]

The problem is, even WiTH an order, you may not be able to enforce it. So you really cannot count on getting support, ever. Sorry.

 

[Ohiogal]

Yes, you are right.

Today, I really regret hiring the attorney. That was completely and absolutely out of my budget. That money broke me. Unfortunately, it didn't work out for me and right now, I have nothing to show for all the money that I paid.

I didn't know getting an order at this point (after the agreement has been filed) was an option. Thank you for suggesting that, that's the type of advice I'm seeking. I'm sure that's something my attorney could suggest, but like I said, I can't even afford to call her and ask "What are our options? Where can we go from here?"

I would borrow money if I could see light at the end of the tunnel. But if it doesn't work out and I do not receive child support money, I'd never be able to pay back the money I would borrow. I don't want to screw anybody else over for helping me when I need it.

Thank you.

The agreement can be sent to the court for the judge to sign without his -- dad's or even dad's attorney's -- signature if it was put on the record in court. Once the judge signs off on it, it is an order.

 

[ruraljuror]

The problem is, even WiTH an order, you may not be able to enforce it. So you really cannot count on getting support, ever. Sorry.

I have 2 friends that receive child support, and because the state does wage with holding on all orders, since their NCPs have employment, they said they have received child support every month like clockwork for years.

I am aware that child support eludes many custodial parents, and I am no exception. I've just been assuming that since he has a steady job and makes well over the amount that the state maxes out on in child support, and that since there is income withholding, that I would receive child support once there is an order.

But yes, you are right; I cannot count on getting it ever.

My child has special needs that require more money in out of pocket medical costs, special child care, and therapy that makes it difficult to take care of on my income. Besides that my car recently needed repairing. Sorry for venting. It's just a lot piled up right now.

 

[stealth2]

I have 2 friends that receive child support, and because the state does wage with holding on all orders, since their NCPs have employment, they said they have received child support every month like clockwork for years.

I am aware that child support eludes many custodial parents, and I am no exception. I've just been assuming that since he has a steady job and makes well over the amount that the state maxes out on in child support, and that since there is income withholding, that I would receive child support once there is an order.

But yes, you are right; I cannot count on getting it ever.

My child has special needs that require more money in out of pocket medical costs, special child care, and therapy that makes it difficult to take care of on my income. Besides that my car recently needed repairing. Sorry for venting. It's just a lot piled up right now.

Are your friends' exes out of the country in a non-Hague Convention country? If not, their experience is moot. The state will not, cannot, withhold his income. His employer will not be bound by a US court order.

 

[ruraljuror]

The agreement can be sent to the court for the judge to sign without his -- dad's or even dad's attorney's -- signature if it was put on the record in court. Once the judge signs off on it, it is an order.

Thank you for this information. Do you, by chance, know how long we have to wait to be able to enter the order without his signature? It has been
7 weeks so far since our court date (5 weeks past the date that the attorneys agreed to enter the order). It's okay if you don't know, just inquiring.

The last time I spoke with my attorney, she said we're just still waiting on his signature, so I just assumed that we were at a stand still until he signed it (which I know he won't do; When he disappears he's pretty good about being thorough in his absence).

Thank you

 

[Ohiogal]

Thank you for this information. Do you, by chance, know how long we have to wait to be able to enter the order without his signature? It has been
7 weeks so far since our court date (5 weeks past the date that the attorneys agreed to enter the order). It's okay if you don't know, just inquiring.

The last time I spoke with my attorney, she said we're just still waiting on his signature, so I just assumed that we were at a stand still until he signed it (which I know he won't do; When he disappears he's pretty good about being thorough in his absence).

Thank you

Ask her if she can submit it now to the court for signing.

 

[ruraljuror]

Are your friends' exes out of the country in a non-Hague Convention country? If not, their experience is moot. The state will not, cannot, withhold his income. His employer will not be bound by a US court order.

He is employed by a local oil & gas company, if that matters. He is domiciled out of the country currently, but his employer is about 10 minutes away from my house.

 

[Ohiogal]

He is employed by a local oil & gas company, if that matters. He is domiciled out of the country currently, but his employer is about 10 minutes away from my house.

Well the garnishment order can be sent to his employer who can garnish his wages. If the employer is actually LOCATED in the country.