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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16396
Experience:  Licensed experienced Attorney
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Ex and I divorced in 2008 with 1 daughter, 4 years old. When

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Ex and I divorced in 2008 with 1 daughter, 4 years old. When we separated I contacted the Tx Atty general for child support but he pleaded with me to remove the case. He had warrants at the time so he was not going to be able to go into a courtroom without being arrested. I agreed and he paid me $1000 a month direct deposit from his paycheck to my bank account. We also set no visitation since he had just started working at a job that was going to be some travel. When he met his current wife he had his own lawyer draw up a modification that used the state disbursement center and lowered payments to 20% of his income(around $850 now going through the disbursement center). They also set standard visitation. Two years later he lost his job and moved to Florida. He had his lawyer draw up another modification of child support ($297/month) and visitation where I would have to put her on a plane to Florida for his time. I never signed this agreement. Last year I reopened the Atty Gen case and they show $50k in arrears because of the payments not going through the state and him paying less than what they show his payments are. In the two years that he has been in Fl he has had her come out once for one week. He doesn't call her yet is very upset when she calls him because he thinks that she should call him more. My daughter and I have spoken about my ex giving up his custodial rights so that she can be adopted by my husband. She is ready and wants to change her name. What are my options for this. If he agrees to give up custody can I ask that he pay for the legal fees or settle on an a lesser amount that he already owes? If he doesn't want to give up rights what kind of things can we negotiate so that he can't hurt her every time they speak. I have a lawyer this time but he seems very preoccupied with other work that I don't get much information about what I should or could do. I have paid him $2k retainer already.
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is ***** ***** I will be happy to answer your question.
I am not permitted to tell JustAnswer.com what to do in their specific situation or list all of the legal rights that might potential apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.
I can however, provide you with a general answer, if you have a legal question for me?
Thank you.
Customer: replied 1 year ago.
Is it reasonable for someone to ask for a settlement amount of arrears child support if they relieve the other parent of their custodial rights. Child is 12.
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up. Generally, it is not up to the custodial parent when it comes to making any settlements about delinquent child support and the court would not allow such settlement, since the child support payments are for the benefits of the minor child and not the parent, so generally, it is not on option. I wish you the best of luck!
Customer: replied 1 year ago.
How likely is it that a judge would consider payments outside of the disbursement center gifts rather than a child support if the noncustodial parent requested that payments go directly from his check to custodial bank account.
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up. Generally, any gifts that are paid outside of the disbursement center would not be considered to be part of the child support, unless specifically designated as such in writing. I wish you the best of luck!
Expert:  Alex J. Esq. replied 1 year ago.
Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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