child support

[ROB6465]

My question concerns that my wife and her exhusband agreed that neither would pay child support.My wife has 2 boys(ages 14 & 16)and she is the non-custodial parents and we live in Houston,Texas.Last week her exhusband told her that he will be taking her to court to ask for child support.What bothers my wife and I is that WE pay for the boys' haircuts,lunch money,school uniforms and we are there emotionally for the boys because their father isn't. The boys father earns more than my wife and I,YET we provide for the boys' necessities.

The boys'father is a drinker and spends more money on beer than on the boys.Last July the boys signed affidavits stating they want to live with my wife and I and have even told their father,but he said he does not care.What can my wife and I do to show the court that my wife shouldn't have to pay child support because she supports the boys more than their father?

 

[ALawyer]

The non-custodial parent typically has to contribute toward the child support. Given the kids' age, the court will consider their wishes in terms of where they should live.

That he spends more money on beer than the boys is doubful. He provides them room, food, etc.

I suggest you and your wife decide if she would want to assume custody or not. Then speak to a lawyer and discuss the options.

 

[ROB6465]

In regards to spending more money on beer than the boys,the boys only eat because my wife and I give them lunch money.They have told us that there is never any food at home,they only eat at school.The room they live in at home has no door and would a person consider a prison cell "home"?No they would not.In the 2 years I have been their stepdad,i have spent more on their school clothes than their dad has in 15 years.

Sometimes people might not believe what I say,but the boys are the ones who tell us this.He spends his paycheck on beer,cigarettes and another child(that he had while married to my wife).Besides that,nothing is spent on the boys,only reason they have a roof is because their father needs a roof for himself.

 

[Grandma B]

What became of the affidavits the boys signed regarding wanting to live with their mother? Were they presented to a judge so that there could be a legal ruling?

If what you're saying is factual, those boys need to be removed from his home. If you want to seek a change in custody for the boys' sake, and not because you don't want to pay child support, you need to retain a family law attorney without delay.

Another route might be to involve Child Protective Services or Family Services or whatever exists in your area. Not feeding children or providing for their needs is neglectful.

 

[ROB6465]

The signed affidavits are with my wife and I.The affidavits were done by a lawyer we hired in July,but due to an excessive amount of money that she is requesting to file for modification of the initial custody agreement,we have been unable to file and present the affidavits to a judge.

Under no circumstances does my wife and I want custody of the boys just to avoid child support.When you look at it we are paying child support because WE are the ones that are supporting these 2 boys.I care and love these 2 boys and they know it.I just need advice into what we should do at the child support hearing their father is requesting.

What can my wife present? Can the boys talk?

 

[LegalBeagle]

The signed affidavits are with my wife and I.The affidavits were done by a lawyer we hired in July,but due to an excessive amount of money that she is requesting to file for modification of the initial custody agreement,we have been unable to file and present the affidavits to a judge.

Under no circumstances does my wife and I want custody of the boys just to avoid child support.When you look at it we are paying child support because WE are the ones that are supporting these 2 boys.I care and love these 2 boys and they know it.I just need advice into what we should do at the child support hearing their father is requesting.

What can my wife present? Can the boys talk?

Can you explain the cs hearing ? Has he petition the courts or going via CSEA ? Why does he have custody in the first place ?

Regardless of how you do it, you need to find the money to get an attorney to file for a custody change. With the childrens wishes taken into account and all the details given above, it should be an 'open and shut' case.

 

[LadyBlu]

TX passed laws in 1995 that allow a child at the age of 12 to write a letter to the judge requesting a change in custody on their own.

So, if you have those signed affidavits, you take the boys with you to the District Clerk and file for the change of custody. There will be a hearing, the judge may assigna a attorney/guardian ad litem for the children to make certain that any changes are in the children's best interest.

You should not need an attorney since it will actually be the children v father in court. But you will be a party of that hearing.

Here is the information that would need to be included in the petition to the District Clerk.

§ 102.008. Contents of Petition


(a) The petition and all other documents in a proceeding filed under this title, except a suit for adoption of an adult, shall be entitled "In the interest of __________, a child." In a suit in which adoption of a child is requested, the style shall be "In the interest of a child."


(b) The petition must include:


(1) a statement that the court in which the petition is filed has continuing, exclusive jurisdiction or that no court has continuing jurisdiction of the suit;


(2) the name, sex, place and date of birth, and place of residence of the child, except that if adoption of a child is requested, the name of the child may be omitted;


(3) the full name, age, and place of residence of the petitioner and the petitioner's relationship to the child or the fact that no relationship exists;


(4) the names, ages, and place of residence of the parents, except in a suit in which adoption is requested;


(5) the name and place of residence of the managing conservator, if any, or the child's custodian, if any, appointed by order of a court of another state or country;


(6) the names and places of residence of the guardians of the person and estate of the child, if any;


(7) the names and places of residence of possessory conservators or other persons, if any, having possession of or access to the child under an order of the court;


(8) the name and place of residence of an alleged father of the child or a statement that the identity of the father of the child is unknown;


(9) a full description and statement of value of all property owned or possessed by the child;


(10) a statement describing what action the court is requested to take concerning the child and the statutory grounds on which the request is made; and


(11) any other information required by this title.


Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.





[Edited by LadyBlu on 02-20-2001 at 08:48 AM]