Back to court this Friday!

[smcgarry]

I live in Texas.
My ex and I have been divorced for 13 years. When we divorced, I was named custodial parent and he possessory. He was to pay $350.00 a month or $80.78 a week for support and to provide the insurance for our 2 children. Shortly after our divorce was final, I let the children go stay with him for a while until I could get on my feet. He filed for a temporary custody order, but nothing was ever said about support for the children. He only had them for about 4 months and never filed to make the order permanent, so I took the children back and allowed him visitation. The old order went back into effect and he was paying support and providing insurance as ordered, but never helped in any other way...my son is asthmatic and had alot of additional expenses.
Needless to say, there was a period of a year when he didn't come see them or pick the children up for visitaiton because he said, (and this is what the children say he said) he didn't want to argue with me.
Eventually he lost his job and didn't pay child support from time to time when he couldn't afford it. The Attny. General's office got involved and started garnishing his wages and for the last 2 years have garnished his income tax refunds and given them to me. (There was also a period of a year 2 years ago when he didn't pay for insurance on the children, so I had them put on my insurance.)
When my daughter turned 16 she decided she wanted to go live with her dad and I let her, but he continued to pay the $80.78 a week. He did finally pick up insurance, but I kept the children on my insurance because it was cheaper.
He recently filed a suit against me for the return of his income taxes the OAG had garnished for back child support and says he shouldn't have to pay any more child support on my son, (who is now 17), because he says he has overpaid and that the children lived with him for that time when we first divorced and because my daughter lived with him after she turned 16. (She is now 20.)
I never took him back to court to modify the child support because I really just wanted him to have a relationship with his children and didn't want to cause more hardship on my children.
Also, when he quit his 1st job he got a decent retirement, but our children never got a dime of it and he doesn't feel like they are entitled.
After he filed the suit, I couldn't afford an attorney, but filed a counterclaim against him for the year of nonpayment of insurance and all back child support he hadn't paid in the past.
We go to court this Friday and I'm a little worried.
Can somebody help put my mind at ease on this or offer advice on what to do and how to answer in court?
Thank you so much,
Worried.

 

[ceara19]

Unless he had a COURT ORDER requireing you to pay $XX/month for child support while the children lived with him, the AG will not give him credit for whatever he thinks would be a "fair amount" that you should have paid. If he did not file to have the CS modified when the daughter went to live with him, he's s.o.l. on that one too!

The AG will only go by the FACTS they have in front of them. For example (I changed the actual $ amounts just to make it simple), he was ordered to pay $100 per week for CS in the original order. That order has been in effect without modification for 13 years (676 weeks).

$100 x 676 = $67,600

They will take the payment record, add up all the payments he has made. If that amount is MORE than $67,600, he's over paid and they will have to make adjustments. If it is LESS, he is in arrears and not only will he have to continue paying the original amount, they will add on more to get the arrears paid off. If he is behind or current, the AG's office is going to look at how much he earns NOW and make sure the CS is set correctly.

You can go down to the AG's office and get a copy of the payment record and run the numbers yourself before the hearing. I strongly reccommend you do this. Most of the case workers at the OAG not only have NO background or education in law, they are not very good with math either.

 

[smcgarry]

Thank you. I think I really knew all this deep down, but am a little worried cuz he has an attorney that's a little pushy and is very LOUD and I don't have one at all. Thank you for your comforting facts. Hopefully this will all be wrapped up and finished tomorrow morning!

 

[ceara19]

Pay no attention to his attorney or the AG rep for that matter. While they are passing around all the papers showing payments, income, ect. DEMAND to see each one. If you just ask they'll say no. If they do tell you no, very firmly tell them "I am representing myself pro se in this matter and I am entitled to review any and all documentation pertaining to this case, just as any attorney paid to represent me would be". Run the numbers yourself, don't let them intimidate you when they start acting impatient and try to make you feel incompetent. When figuring the current CS, make sure they use his latest tax return, not just a couple of old pay stubs. This is the chart the OAG is supposed to use for income calculations:

http://www.oag.state.tx.us/AG_Publications/pdfs/2006taxcharts.pdf

Make sure they are using a current one, you may want to print this and bring it with you.

If their figures don't match yours, point out the discrepency and show them how you came to the amount and ask them to explain how they came to their figures. Pay no attention to the eye rolling and sighs of grief. If he is in arrears tell them to add in the interest, usually 12% APR, from the date of the first missed payment, before you sign any type of agreement.

The OAG rep will likely only be a "case manager". In many cases, these people have no knowledge of what the law actually says, only what they have been told in their training, which isn't enough to even qualify them as a knowledgible layperson. They're not very good with a calculator either, IMO.

If the numbers don't add up, DON'T sign the agreement. Regardless of what they will likely tell you, you have the RIGHT for the case to be heard by a judge. You don't HAVE to sign any agreement they put in front of you.

If you don't come to an agreement tomorrow, the next step will be another hearing with an actual attorney for the OAG. Make sure you get copies of all documents presented before you leave so that you can take them home and actually compile all of the facts into a presentation to bring with you to the next hearing.

Let me know how things go. Good Luck!

 

[smcgarry]

Thank you.
Just wanted to let you know that we settled and never even had to see the judge.
I know you are all going to think I'm crazy, but I forgave the over $6,000.00 arrears he owed and he agreed to pay 20% of his current salary plus insurance reimbursement for my son each month. I really just wanted it all over with and hope that my son can grow up and be a healthy adult.
Thank you all for your support.

 

[ceara19]

Thank you.
Just wanted to let you know that we settled and never even had to see the judge.
I know you are all going to think I'm crazy, but I forgave the over $6,000.00 arrears he owed and he agreed to pay 20% of his current salary plus insurance reimbursement for my son each month. I really just wanted it all over with and hope that my son can grow up and be a healthy adult.
Thank you all for your support.

Personally, I wouldn't have forgiven the arrears, but my ex and I aren't exactly on the best of terms. He wouldn't even know the kids if they walked up and kicked him in the balls! (Sorry, I'm a little moody today).

If it helps build a better relationship with him and the child, it's for the best. If anyone disagrees with you, tell them to feel free to pay the $6K if they think it will help!

I would have loved to have seen the look on your ex's face when he found out things weren't exactly the way he had invisioned them though!

 

[smcgarry]

Thank's again. The look on my ex's face was PRICELESS! He was so red I thought he was going to explode!
I wouldn't have forgiven the arrears, but figured I can't really complain over something I never had to begin with and it was probably mostly interest anyway. Plus, he only has 16 mos left to pay and my son will be going off to college! I don't really want my son's relationship with his dad to suffer, so I figured what the heck, and hopefully when it's all said and done I can stand tall and proud knowing I did the right thing for this wonderful young man I call my son...he's sooooo very awesome!