How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89584
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I live in texas and have a court date this week with the family

Resolved Question:

I live in texas and have a court date this week with the family court over the issue back child support (1boy-14 & 1 girl 10). Both my ex-wife and I were served with subpeonas per my request because she did not show up for the previous scheduled meeting that she requested, after we agreed to do so, to have to forgive me of all rearages (they have that on record.) because we agreed I would pay for things like camp, school clothes, kept them during the entire summer to save day care costs, paid for thier extra curricular activities, etc.... So she finally agreed we were even over two years back but (somehow?) never had the time to go the state and stop all the rearages being pulled from pay checks. So during these two years she got full child support plus more rearages. After a falling we had out she has decided to deny it all.However,1 year ago my daughter demanded to come live with me and has. Yet I have still had to pay full support plus rearages. What should I expect and any advice?
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
You need to make sure you have the court record available to be read back where she agreed on the record to forgive the arrearages. You should also be prepared to argue and prove the fact that your daughter has been living with you and for how long if there was no court order transferring the custody. If there was a court order transferring her custody to you, then the court should have modified the support order as well.

I would urge you to seek to have an attorney to represent you, since she does not appear to want to honor her agreements made in the court and get the attorney to move the court for the reduction in support, the forgiveness of arrearages and the order changing the custody to you for your daughter.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”


Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89584
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 9 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

Paul,

 

Thank you for your time but I may need to make myself clearer. It seems that you understand what I'm saying but I feel I need to verify your assumptions to make sure I'm correct in dealings this week. I won't take more of your time and will pay you.

 

1st. The record where she request a hearing with the Attorney General office to forgive rearages (am I saying that correct?) was over the phone but was made to the Child Support office and they told me that they do have that on record. Does that qualify as a court record? At worse I would assume it damages her attempt to fight back pay because I am guessing that she'll say she never said such a thing and hopefully she'll say that before I request for the Attorney General Office (Child Support Division) to produce the record that has noted where she made the request to forgive originally. They have told me that those notes will be available at the hearing.

 

2nd. I have had possesion of my daughter since the week she got out of school prior to this school year (June 2008.) So it was the entire summer and she also moved most of her personal items into our new house we're renting now ( a nice 4 bedroom house so she had her own room) in July 2008 where she has her own room and started her brand new school where she's missed school one time compared to 9 times with her mom the previous year.

 

3rd. I wish i could afford to hire an attorney but the stock market has made it to where I live client to client building websites. But I've managed to buy my daughter and son who lives with his Mom their Christmas when she couldn't and their school clothes all my own because she wasn't able to afford anything even though she was getting child support for both kids plus some rearages when I was drawing unemployment most of the months. So even when I had my daughter and was on max unemployment she was getting full child support for both kids and rearages. The original court order was I pay $500 a month for both kids so she was getting around $700 a month for many months while I've had my daughter. If I have my daughter and she has my son shouldn't that $700 at worse case pay against the rearages she still says I owe? But if the court finds that I didn't owe back support the day she was supposed to be at the meeting she scheduled and never showed up to, could she actually owe me?

 

If you know an attorney who needs a website built on trade for just a few hours of couurt time this Thursday lat me know. Otherwise, I've got the info you're arming me with that's a great deal. I was a National debate champion in '91 and on a full ride debate scholarship so I can at worse case be pretty persuasive compared to the guy with no background in presenting arguements and facts....

 

Your advice is greatly appreciated and I will pay you upon these clarifications.

 

Thanks,

Brad

Expert:  Law Educator, Esq. replied 5 years ago.
1) The child support division's record would be good evidence in your behalf as proof of her agreement to forgive any arrearages.

2) The fact that the daughter is living with you and has been doing much better is good evidence for 1) to get permanent custody of the daughter awarded to you and 2) to have your support reduced for at least the time she has been living with you.

3) Chances are she will not owe you, but the good thing is that you should at least be entitled to a reduction of the support for the time the daughter has been with you. However, the court will generally not make her actually pay you, it will just in all likelihood cancel the support award since you each ave a child and would each be entitled to support.


Also, it is not the background in debate it is the following of all court rules you will be held to and it is being able to separate fact from emotion when arguing your case that always makes having an attorney better.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney