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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In October, the father and I agreed to a lesser amount of

Customer Question

In October, the father and I agreed to a lesser amount of child support because he started providing insurance through his employer. Because of paperwork issues, the paperwork was not filed and since this month, he is no longer employed and no longer providing insurance. I filed for Medicaid and is waiting for approval. With that said, I am not returning the necessary paperwork because i no longer agreed to that amount of child support. But we have already been scheduled a hearing next month. Is it necessary to get a lawyer because the state of texas just requires a certain amount of child support to be paid?
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please clarify for me:

1) Did you sign anything that states that you will reduce child support requirement of him? If so, what? A joint petition? A proposed Order? A mediated settlement? An informal agreement? Or this was all verbal, and you have not signed anything yet?

2) What hearing is scheduled for next month? For the reduction? Has he filed a Suit to Modify Parent Child Relationship to modify the child support downward based on the agreement anticipated between the two of you?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 10 months ago.
I did sign a proposed order but I did not get it notarized yet so that was the hold up in paperwork. And just so happens that in between that time, he is no longer providing insurance.I am not sure what he filed but I do know he went to the attorney generals office and we went through mediation and thats how we got the proposed order.
Expert:  Ely replied 10 months ago.

Thank you.

You signed it... but you NEVER GAVE IT BACK to him, nor have you told him you signed it.

Correct?

Customer: replied 10 months ago.
I signed it and sent it back to the attorney general. Then they sent it back because i did not get it notorized. And when I got the paperwork back, he was no longer providing insurance. Now we are scheduled a hearing.
Customer: replied 10 months ago.
I do not accept the above response as my answer and I do not want to pay 47 dollars for that. It was more or so a follow-up question...
Expert:  Ely replied 10 months ago.

Thank you.

And you do not have to pay anything extra - I am not sure why you would believe that you would.

Okay, what has happened is that someone in your situation has signed a proposed order that affirms that there was an agreement between the parties. The Judge is likely to see this as an agreement having been made, and may order it into force via the court's own decision to enforce the agreement. However, this is at the Judge's discretion - the issue here is does a signed proposed order constitute a binding agreement between the parties? The law is not quite clear on this and the Judge will have to make a decision based on both parties' testimonies and the facts of the case.

A good argument to make here would be that the agreement was based on his providing insurance, which he is not. Therefore, his lack of performance under the agreement allows the other party (i.e. you) to walk away.

Someone in your situation wants to get an attorney. This is because an attorney would have a better shot at getting that proposed order to be not seen as a binding document.

Good luck.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 10 months ago.
Even if the paperwork wasn't notarized? It can still be seen as a binding agreement? And would a lawyer be helpful in pushing for the child support amount we previously agreed on when child support was first established before the proposed order, or would it have to be calculated again? If it has to be calculated again, would i need a lawyer?
Expert:  Ely replied 10 months ago.

Even if the paperwork wasn't notarized? It can still be seen as a binding agreement?

Correct. The court will want to know if there was an agreement. The signature on the proposed order is proof of this. It is not enough to submit to the court by itself, but it may be enough for the other party to persuade the court to push it through anyhow.

And would a lawyer be helpful in pushing for the child support amount we previously agreed on when child support was first established before the proposed order, or would it have to be calculated again?

Yes.

If it has to be calculated again, would i need a lawyer?

You are not mandated to have an attorney, but one is strongly recommended.

Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 10 months ago.
I guess my final question would be, is it worth the expense of getting a lawyer's representation if I am just going to get the standard child support calculation in Texas. Because if with a lawyer, I am only going to get the same amount as without, then I rather save my lawyer fees.
Expert:  Ely replied 10 months ago.

Well, I cannot say because I do not know the sums you are dealing with. However, an attorney will normally cost about $2,500 to $5,000 for this. If the difference in the child support is high, then this may be worth the investment.

Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 10 months ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!