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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28056
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My divorce lawyer did not ask child support in my

Customer Question

My divorce lawyer did not ask for back child support in my divorce. How can I go about getting this they refuse to do anything
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. So when you were separate from your spouse, nothing was paid as far as support for the children? Moreover, child support was only ordered thereafter? In addition, do you know why they did not ask for temporary support or will not do anything now?
Customer: replied 2 years ago.

He left in November has not helped with anything no temporary orders were done divorce was final yesterday. When I called them today they said I did not tell them I wanted back child support even tho I told them he had not given me any help so I thought they had enough sense to ask for it. And said since the judge had already signed the order for child support to start in june it was to late to do anything

Expert:  FamilyAnswer replied 2 years ago.
Thank you for the additional information. You can always try and go back to court and amend the decree, asking for it to be awarded but what they are telling you, appears to be correct. The reason why I say this is because if a party wants to be awarded temporary support for the children or themselves while the divorce is pending, it needs to be asked/requested. If it is not, there is a presumption that none is sought. Yes, your attorney should have spoken with you about this but if you did not share anything and they did not ask, it may be hard to hold them liable. It should have come up at some point, so I am curious as to why this was never addressed by either party. Seeing how this just happened yesterday and was never asked for, it is likely a situation where it is going to be waived as the Judge is not going to open the case back up and litigate it more, after it has been decided. A motion can be filed, if this can not be worked out with him, and worse case, is that it is denied. I know it was not what you were hoping to hear but it needed to be addressed when this was first filed, if support was needed.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 2 years ago.

It was told to them that he had not paid anything since he left I told them I wanted what was owed they ignored me. So who can I file a co main on them with as they did not do their jobs I have never been divorced with children before and they have been in practice for years should know what needs to be done I have obviously been ripped off in more ways than one.

Expert:  FamilyAnswer replied 2 years ago.
Certainly. A complaint would need to be filed with the Texas Bar and they can investigate the matter. Here are the links.