• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child support/insurance

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tcarraway

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

My husband has been raked over the coals yet again by the justice system. He pays 50% of his income in child support. The custodial parent took him back to court yesterday. His attorney gave him a one day notice which was not enough time to take off from his job so he couldn't attend. Her original case was to increase child support and decrease visitation. Yesterday the judge awarded her attorney's fees (even though his attorney was present), increased the child support to include medical insurance (even though he has covered the kids through his employer since day one) and the visitation is whatever they can agree on (which of course she won't agree to anything).

Is there anything he can do? Is it even worth the expense of trying to get a more experienced attorney? Is he just screwed in a biased justice system?
 


Ohiogal

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

My husband has been raked over the coals yet again by the justice system. He pays 50% of his income in child support. The custodial parent took him back to court yesterday. His attorney gave him a one day notice which was not enough time to take off from his job so he couldn't attend. Her original case was to increase child support and decrease visitation. Yesterday the judge awarded her attorney's fees (even though his attorney was present), increased the child support to include medical insurance (even though he has covered the kids through his employer since day one) and the visitation is whatever they can agree on (which of course she won't agree to anything).

Is there anything he can do? Is it even worth the expense of trying to get a more experienced attorney? Is he just screwed in a biased justice system?
The system is not biased. When was he served notice of this hearing? How far behind is in child support? Did he prove that he provides medical insurance? Why didn't he tell his employer he NEEDED to be in court? How many visits has he missed?
 

Zephyr

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

My husband has been raked over the coals yet again by the justice system. He pays 50% of his income in child support. The custodial parent took him back to court yesterday. His attorney gave him a one day notice which was not enough time to take off from his job so he couldn't attend. Her original case was to increase child support and decrease visitation. Yesterday the judge awarded her attorney's fees (even though his attorney was present), increased the child support to include medical insurance (even though he has covered the kids through his employer since day one) and the visitation is whatever they can agree on (which of course she won't agree to anything).

Is there anything he can do? Is it even worth the expense of trying to get a more experienced attorney? Is he just screwed in a biased justice system?
he needs to find out from his attorney what exactly happened in the hearing and what his options are as far as asking for reconsideration or amending the order etc. He also MUST show up for court dates, and his attorney needs to be called to task about the short notice
 

tcarraway

Junior Member
He is a manager at a fortune 500 company and they were having a mandatory meeting regarding layoffs with the plant manager. For obvious reasons he had to be there. His lawyer notified him of the hearing by phone one day prior.

His situation is probably more complex than others. However, he's always had a good job, therefore the withholding order has always been there which hasn't allowed him to get behind. He's always paid yet and still the mother refuses visitation because he has moved on with his life. Last time he attempted access to the kids, she caused a scene, slammed the car door on his leg and he had to call the police. A report was filed against her but the case never went farther than that.

I guess I'm venting because it seems that the deadbeat dads always get away "scot-free" and the ones who do pay their part are always getting stiffed by greedy ex's. He's just tired of paying attorney's fees and getting nothing in return but increased child support and no visitation.

Also the AGs office verifies medical insurance coverage prior to going to court. According to the attorney, she said she "couldn't use his insurance." He has Aetna, of which many providers accept. The problem is she would get a bigger paycheck if he was made to pay for her insurance as opposed to him carrying the kids on his insurance. She tried to file a claim on his medical but Aetna said she must file the primary insurance carrier (which is her's) first.
 
Last edited:

Gracie3787

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

My husband has been raked over the coals yet again by the justice system. He pays 50% of his income in child support. The custodial parent took him back to court yesterday. His attorney gave him a one day notice which was not enough time to take off from his job so he couldn't attend. Her original case was to increase child support and decrease visitation. Yesterday the judge awarded her attorney's fees (even though his attorney was present), increased the child support to include medical insurance (even though he has covered the kids through his employer since day one) and the visitation is whatever they can agree on (which of course she won't agree to anything).

Is there anything he can do? Is it even worth the expense of trying to get a more experienced attorney? Is he just screwed in a biased justice system?
He should speak to his attorney ASAP. If there wasn't enough legal notice, he might be able to request a re-hearing based on that.
 

LdiJ

Senior Member
He should speak to his attorney ASAP. If there wasn't enough legal notice, he might be able to request a re-hearing based on that.
I suspect that his attorney got plenty of notice. I suspect that the fault for the lack of notice to dad was due to his attorney. Otherwise, why wouldn't the attorney have brought that up to the court himself/herself?
 

Gracie3787

Senior Member
I suspect that his attorney got plenty of notice. I suspect that the fault for the lack of notice to dad was due to his attorney. Otherwise, why wouldn't the attorney have brought that up to the court himself/herself?
I just reread OP's post, and you are probably right. If that's true, the OP really needs to find another attorney.
 

SIN EATER

Member
If the attorney participated in the hearing, then s/he waived any objection to timely service.

A Motion for Reconsideration or Appeal is what he needs. His atty may be liable for malpractice ... why wasn't the hearing continued ? and why wasn't his insurance used ?
 

meanyjack

Member
He should be calling his attorney FIRST THING MONDAY MORNING and reading him the riot act. He should then ask his attorney for what happened in writing, to be sent to him immediately (that's a long shot, but worth trying). He should tell the attorney that he WILL NOT be paying for any time in court the other day -- let the attorney defend that because he failed to do his/her job. BTW...he can get a copy of when the notice was filed with the court (which he should have BEFORE calling his attorney to rip him another a-hole lol).

Then, he should FIRMLY ask his attorney how HE is going to fix HIS screw-up immediately. Depending on what he states, he should DEMAND this be filed BY THE END OF THE DAY and no later!!! If he refuses, then he should FIRE THIS MORON immediately & tell him that he expects a notice to the court & opposing counsel NO LATER THAN THE END OF BUSINESS DAY (the day he fires him) that the attorney is no longer representing him.

He should then file a complaint with the disciplinary counsel (or similar panel) of the state's Supreme Court and also a complaint with the bar association -- let him know he's going to do this too.

He should then file for the motion to vacate and explain the situation regarding his attorney's failure to give him proper notice and why he could not show up. He should cite local rules and/or rules of procedure and/or state statutes, whatever is applicable.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top