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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33504
Experience:  Retired (mostly)
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Hello I have a question on divorce I filed for divorce in Texas

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Hello I have a question on divorce I filed for divorce in Texas my ex wife lives in Missouri. She signed all the papers she needed to sign. My problem was that I didn't put the child support form in due to I already have support being taken out from both Texas and Missouri for the one kid we own nothing together have nothing to split. But the court kicked it back and said I need something from child support before I can get it done. What can I do about that and also my child support over ways my living I don't make enough to survive how may I get my order I never went to court for evaluated. Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Hello,

Please provide me with a link to copies of the forms that you tried to file with the court (scan the forms into a pdf file and upload them to www.mediafire.com, and provide a link to the forms in your next Reply).

If you can't do this, then let me know where you obtained the forms that you used to file for divorce. If it was from the internet, then please provide me with a link to the form blanks.

Thanks in advance.

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Customer: replied 1 year ago.
http://www.divorcewriter.com/ this the site I used to get my paper work for my divorce
Expert:  socrateaser replied 1 year ago.
There's no way to read the forms from that website, and I've never reviewed them, so I can't comment intelligently.

What exactly did the court tell you that it required (word for word)?
Customer: replied 1 year ago.
They just told that they couldn't give legal advise but that everything was good on my paperwork for divorce but the child support portion and that I needed to show that I am paying child support and it is an order in place but I am not sure do I just give them something from the attorney general showin my case and amount or do I need a form like the rest of the divorce paperwork showin them my case and its amounts on it and after I get that part done she was like that should be it. I never went before a judge a legal person met me in the hallway got my paperwork and took it to the judge and I waited in the hall an then that's when she came back stating that I needed something from child support but never told me exactly what is needed to finish it. I felt me getting married in April of 06 and we was separated a few weeks later before June 06 that it should be an issue we both signed the papers and agreed to the terms since I already had a child support case established before I filed for divorce that they shouldn't need it. What do u think I need to do?
Expert:  socrateaser replied 1 year ago.
Okay, I think I've got a plan that may work.

In your final decree of divorce that you submit to the court for the judge's signature, you need a section that says something like this:

  • The Court finds that the Husband and Wife are the parents of a minor child, [child's name], a [male/female], born [date of birth], who currently resides with Wife in [name of County] County, [name of State]. The Court finds that a final court order for support of the children was made in [name of county] County, [name of state], in Cause # [Cause #], [Name of County; Name of State]. The court that made the order has continuing, exclusive jurisdiction of the children. No changes are made to the order in this Decree. A copy of the order is attached to this Decree, as Exhibit [Exhibit #], and is made a part of this Decree for all purposes, as provided for by Texas Family Code, Section 6.407.

Notes: The above text explains the court's legal basis for not ruling on the current child support orders. Since I can't see the forms that you have, I don't know where it will fit, but, if you cannot find space to write everything above into the decree, you can add something short like: "Child Support is addressed in Exhibit [Exhibit #], hereby attached and incorporated herein." Then, you add a separate page for the child support language, and attach the copy of the current support order to the separate page.

Concerning a modification of your current child support, there is no way to address that in this sort of uncontested divorce action. You will have to ask the TX Attorney General to review your current support and modify it, or you will need to bring a separate child support modification request to the court after your divorce is final.

You could have dealt with the child support issue in your divorce, but the paperwork would have been different, and there's just no way for me to tell you how to work around your circumstance. I'm making educated guesses as it is, to try to bandaid what you already have.

If this works, then you're welcome to come back here and I'll try to help you with a separate support modification.

In closing, here is a link to finding a local legal aid attorney. If you can find someone to actually review your documents before you submit them to the court again, that would be ideal.

Hope this helps.

socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33504
Experience: Retired (mostly)
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