I currently am at the end of my divorce. I am awaiting trial. However I am not happy with my atty and what the judge had to say at the pre-trial hearing yesterday per my atty. My ex- husband is fighting custody of our daughter. Everything he has done to me has backfired on him. I want standard visitation due to things that have led up to the divorce which was granted by the judge. But one thing I am pissed about is that I am disabled, making very limited income. I am full daycare, because my ex does not want to pay because he feels child support is enough (360). I pay rent, car note, food clothing, and utilities and everything else that needs to be done. The issue is that my atty called me yesterday and stated that the judge stated that being that my daughter gets supplimental income from my disability check I get 1000 and she gets 360, that I should pay for child care. I am irate about this because this is his daughter to and he should pay at least half of her daycare. My atty was nonchalant about the whole thing and stated that there was nothing that could be done this is the way it is....after my atty informed that the judge was biased he looks at the male point of view in the first place. I don't know why she made that comment, as now I have little faith in her representing me and the judge making a sound decision when we appear in court. I also have her the weekend of thanksging. Why in the world would my atty agree to schedule the date the day before thanksgiving? Knowing fully well that my witnesses will more than likely be out of town and or have relatives visiting! I asked my atty if he does not want pay daycare could I go up on support payments or if I could get backpay from all the weeks that I paid daycare during the time he had her. She flatly says no.... I am in shock. I've been paying daycare for months and struggling trying to make ends meet. My ex lives with his sister, makes a decent check and pays no bills there! I am just pissed because it appears that my atty is not fighting for me and just going with the flow trying to get a check. I've paid almost 2,000 so far and trying to keep afloat. The holidays are coming up....I don't know what to do at this point. What I really want is to get another atty and request another judge. Why would the judge say that, did he not take into acct of all the other things I need to do with my dis check? If I paid daycare with her income it still would not be enough...what about a roof over head? Transportation, food? Clothes?
I really need advice about this situation. I cannot sleep at night I am so worried. I had a stroke after having my daughter and fought to live for her She is my life I cannot lose her. And how would be so vindictive after cheating on me. Why would he be this upset over something he has done? Please anyone help...if there is an atty out there please give advice. Thank You!
Thank You to everyone one of you who gave advise. I received my atty's invoice in the mail on where I stand financially and things that were discussed in the pre-trial hring. My ex is to assisit me in looking for future daycares and schools next year. BS.....especially being that he does not have to pay half of the daycare costs!? HE can go out and choose what daycasre he wants are daughter to go to and basically tell me to pay? SO I will negate this in court. Also stated that I agreed to extended visitation. No I did not I requested standard visitation. The reason why is because he cheated on the internet porn and was meting swingers and such having sex around the metroplex! I do not trust what he will do or what lifestyle he will have while my daughter is around so I requested very limited time (standard) until he can get some counseling. Which is another thing I will request to the judge. I understand the limitations Texas law has concerning paying half of daycare. But for him to go out with me and look for daycare? And he isn't paying a dime..that won't fly with me. I am trying to be civil and I do not let my daughter ever see me pissed but he is ignorant. He will say he doesn't like the daycare I choose just because....anything to try and keep me worried or stressed. I wish he were the mature guy who would be willing to hold a cordial convo for our daughter's sake but he won't say 2 words to me and sends me text messages calling me everyhting under the sun which of course I have saved. He's pissed that left him with an empty house and divorce papers on the counter...so he's been vindictive through the whole divorce. We had two mediation meetings and he would not comply with anything I had to say. So here we are going to trial...more money that I don't have. Thank God for real friends and some good family members. I'm meeting with my atty Friday, and I will lay the law down the law to her..she does not intmidate me after all I paying her for her "service". Just going to have to pray and continue to fight. I have gotten through the stroke I recovered in about 7 months after and doing well. He tried to gain custody using my post stroke symptoms as a way to say I could not take care of her....that was ruled out by the judge in the first court date. He wanted me to have a home study but after he realized we both would have to have it AND pay he went back on that. When he knows full well I was the one while going through therapy learning to walk and talk again..it was me taking care of our daughter 90% of the time. It was me looking for daycares and me picking her up and dropping her off, cooking and cleaning and teaching her while I was going through post stroke. HE is the definiation of SELFISH.
So, I am trying to look at the good things the Judge has done and maybe there will be light at the end of this dark tunnel. I am so sad for my daughter. He doesn't have a clue what he has done. I fought to stay alive and willed myself back to health for my so called family and my daughter and he has no consious of anything he put me through. I do feel sorry for him but I am glad I'm free. I now have peace and as far as my health is concerned I never felt better. Well I could go on and on..just wanted to thank you guys again for taking time to reply and allowing me to vent here.. OH I applied for CCMS months ago..still on that waiting list.
You can get another atty, and possibly another judge. try mine, he is awesome, and got me all that i wanted on my terms.
Address : Hughey & Hughey
100 North Central Expressway, #1200
Richardson, Texas 75080
Phone: 1-866-739-9919
Hi T.,
Sorry to hear that you are having a bad experience with your attorney. I have read most of the posts to your question and want to inform you that all the information in the posts is not correct.
I am a family law attorney in the DFW area. I will not comment on what an attorney did or did not do but will tell you that once you are assigned to a court you will not be able to get that changed unless you move to a different county. Also in regards to getting child support and 1/2 of day care, most courts do not provide for that either. You get child support and that is to take care of those expenses. It is hard to get above guidelines. You can, however, ask for anything you want at final trial...doesn't meant it will be awarded.
Lastly, in regards to the date, the court usually tells us when we go to trial. If your attorney was at pretrial, then the court simply gave him/her the next available slot for trial. Depending on the court and how long the case has been pending, you may or may not be able to get a continuance.
Your question about changing attorneys. Yes you have the right to do so if that is your chosing.
Sorry to not have better news for you.
J. Duke
Your judge is not being biased. He is following the law in the state of Texas.
Child support is based on a percentage of the non-custodial parents income. It is paid to provide for the needs of the child. The only other thing the non-custodial parent is required to provide is medical insurance and half of medical expenses that aren't covered by insurance.
As a single mom for 10 yrs, I agree with you that this is not enough to cover half of the child's needs. But, that is the law and unless your ex agrees to something different that is all you will get no matter who your judge is.
If you want to be out more money but probably end up with the very same results, then sure get another attorney. As already stated the law says he pays a certain percentage of his income plus medical insurance and half of medical expenses that insurance doesn't pay. Even if you have her qualified for Medicaid, etc he still has to provide medical insurance (that would be used first and Medicaid secondary). They don't take into account your expenses as those are subject to change (you could live somewhere cheaper or more expensive, your car payment is dependent on the kind of car you buy, the cost of daycare is dependent on where you take her or if she goes, etc). Child support is based solely on his income-if he gets a cut in pay he can go to court and get the child support lowered based on his income, but you would have to go to court and get the child support upped if he were to get a higher paying job. It may not seem fair, but that is the way it is. Hopefully you will retain primary custodian, that is what is most important. Hugs to you and your daughter.
You need a better attorney, one that is a fighter and will fight for you. It isn't too late. If you aren't happy with your attorney's representation then you have the right to get another attorney and your new attorney should be able to re-set the hearing if needed and get temporary support or whatever. I've heard that Rita Boyd is a good attorney and very tough. Her website says, "TRACK RECORD: I have a winning track record. I handle 250 to 300 cases per year and our clients are satisfied with the outcome 95% of the time. Most of my new clients are referrals from previous clients. I wish I could win 100% of the time but sometimes there are factors that interfere with the case. For example: which Judge is hearing the case, which lawyer is opposing counsel, the funds available to prosecute the case, the quality of expert you can afford to hire, and whether the opposing lawyer is a worthy opponent or a lying, cheating snake in the grass you have to watch constantly. The results depend on the facts of the case. For more information, please feel free to contact me . Our office is located in Dallas, Texas."
Here is her contact info:
Rita M. Boyd, Attorney
Address:
15950 Dallas Parkway
Suite 400
Tollway Plaza Tower Two
Dallas, Texas 75248
Phone: ###-###-####
Fax: ###-###-####
Call Gary Pullin Attorney at Law ###-###-####. He is located in Frisco and is a great guy.
I am a single mom of two - since they were 2 mo and 16 mo, now 16 and 17. Child support is a percentage of his paycheck and set by the state. It does not matter what his living circumstances are. It is not intended to pay all the expenses of a child but 1/2. As to extras that usually has to be agreed upon by both parties but it is usually college etc. I am also on disability and know that your daughter gets some funds for your disability which counts as child support. I also am wondering why she is in full time daycare as you cannot be working fulltime and receive disability. Divorce requires a lot of change especially when it involves children. Good luck to you in finding your way single.
I don't know about the judge, but it is never too late to dismiss your attorney! He/She works for YOU!! Many people are intimidated by lawyers, which should not be the case!!
Ask around, get some names, and pay your attorney what you owe and move on!!
T.,
I am not an attorney but am a family law paralegal. You can change attorneys but not the Judge. You obviously need someone who is going to fight for you and your child.
If you can't afford to retain another attorney, it sounds like you need to have a sit down with the one you have.
it will be impossible to get a new judge......of course you can get a new attorney but of course the cost is not in your favor.....you need to be present at all court hearings, although it is tough, its important........ask your attorney to change the next court hearing its very simple to do.....your attorney has to do what you ask her to do and if getting 1/2 of childcare is what you want then you should go for it......unfortuneatly judges are very unpredictabe they can make someone very happy or ruin someones life......at your next court hearing if the judge doesnt have your ex pay 1/2 of childcare I would say "BUT YOUR HONOR may I plead my case to you......." i personally respresented myself in court last year against my ex & he had an attorney.....i represented myself all the way up to the actual hearing then had an attorney present.....i got EVERYTHING i wanted.....make sure you look pleasant, dress appropriately, not to much makeup etc......i am sorry that you are going thru this....best of luck to you and your daughter.
There is a program with the state, I think, that will pay for your daycare if you get child support. My daycare provider told me of this when I was thinking about a divorce, ultimately decided to stay married for now but check with your daycare provider and they may be able to get you the phone number that you can call.
It's never too late in the game, the issue will be do you want to start all over, causing the process to take longer. If it's that important to you then I suggest finding a new lawyer. Getting a new judge will be a different story. The lawyer would have to show reason to have the case moved to another court. I don't know that this would happen. Just because you don't like what the judge has to say is not reason enough. But getting a new attorney may help the situation if they can push the issue to the judge. Good luck!
T.,
I wish I had some advice for you, but I felt compelled to send you love and prayers after reading your story. Stay strong and know that we're all pulling for you and your daughter. God Bless.
If you want the best family attny in Tarrant county I would go with Janet Denton. It is never too late to change your attny especially when it comes to Family. Good Luck to you.
I would say start looking for a new attorney, sounds like this one is not looking out for your best interest, did you try to resolve this first. before court???? Maybe you can get help for Daycare for low income, Does your school offer a after school program like Claytons? If so they might can help with that..
Good luck, try and be civil to one another for the well being of your child... Life is to short
You cannot get another Judge. If your husband pays guideline child support, then, in order to get more money, you would have to put on evidence for needs of the child. Sorry to bring you this news.
