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I want to appeal my child support order. I only want to

Customer Question
I want to appeal...

I want to appeal my child support order. I only want to challenge the monthly amount.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

I did but when I did, they told me that they make up their own appeal forms

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. I have until tomorrow to file appeal or my 30 day window will close.

Submitted: 8 months ago.Category: Family Law
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Answered in 4 minutes by:
9/20/2017
Family Lawyer: Michael Bradley,
 replied 8 months ago
Michael Bradley
Category: Family Law
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
Verified

what is the basis of the appeal?

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Customer reply replied 8 months ago
I'm disabled, I receive social security which they know. They want me to pay 516.00 a month. I just found out that the child is mine and she's 13. I have 3 other children. 2 of them live with me whom are 2 and 3 mos old. My oldest I pay child support for and he lives in Arkansas.
Family Lawyer: Michael Bradley,
 replied 8 months ago

was the last hearing before a Master?

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Customer reply replied 8 months ago
The mother of this new child has 2 jobs but says she makes only 800 dollars a month. I only make 3000 a month and my rent alone is 1200
Customer reply replied 8 months ago
A master?
Customer reply replied 8 months ago
They gave me a final order and I was seen by telephone because I live in Georgia and the case is in Texas
Customer reply replied 8 months ago
I need to figure out how to create this form so at a minimum, it can be turned in and pending.
Family Lawyer: Michael Bradley,
 replied 8 months ago

Child Support hearings conducted through the Office of the Attorney General are held before a Master (associate Judge). A Master is not an elected Judge. Under Texas Family Code 201.015 this allows you to appeal his decision if you act within three days after the final hearing.

How to Appeal the Child Support Ruling?

Three things are necessary:

  1. Request a De Novo Hearing
  2. (2) file it with the District Clerk's Office and
  3. Send Notice to the Parties in the case (the other parent and the Attorney General)

A request for a de novo hearing under this section must specify the issues that will be presented to the referring court.

In the de novo hearing before the referring court, the parties may:

  1. Present witnesses on the issues specified in the request for hearing.
  2. The referring court may also consider the record from the hearing before the associate judge, including the charge to and verdict returned by a jury.

The referring court, after notice to the parties, shall hold a de novo hearing not later than the 30th day after the date on which the initial request for a de novo hearing was filed with the clerk of the referring court.

the petition can simply have the court and party caption on top

request for de novo hearing

reason why

sign

file it and serve all parties

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Customer reply replied 8 months ago
I'm passed the 3 days because my hearing was on the 28 of August
Family Lawyer: Michael Bradley,
 replied 8 months ago

that is what I am seeing

I wanted to make sure before you request the hearing de novo

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Customer reply replied 8 months ago
is there a form I can fill out?
Family Lawyer: Michael Bradley,
 replied 8 months ago

I could not find a set form

probably since it is not used all that often

it is something you can do on your own

if you want to try to put something together and let me look at it let me know

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