I have been seperated from my husband for over six months. During that time, the kids have been residing with me. We have six year old twins. He has been unable to excercise "standard visitation" due to his work schedule, so I have worked with him to accomodate his schedule so that he has time with the kids. We had agreed on the divorce settlement and he hired an attorney "just to file the paperwork". Unfortunately, he only wants to pay me $100.00 per month in child support-which is ridiculous. Since I won't agree to that amount, he and his attorney have decided he should sue me for custody. He never wanted the kids and was very disconnected from them throughout our marriage, but now to avoid paying child support he has decided to do this. Since I left he has not paid me child support-he has given me a little money here and there-totalling about $600.00 in over six months, but that is it. I can't afford to pay a huge retainer to an attorney, but I need representation. The divorce was filed on November 6th and the judge has just signed an order for mediation. That is as far as it has gone thus far. Does anyone know of either an attorney or an organization that will work with people in situations like this to make monthly payments without having to pay a huge retainer? I really need help. I can't lose my kids. Please, please, please, if anyone knows of anyone that can help me, please let me know.
Hi, look up Lone Star Legal Aid they provide free services for various situations. Good Luck!
C.,
Suing for custody when they don't want to pay child support is a standard trick by all most divorce attorneys. And, you are right, $100 is paltry. You can use the State of Texas attorney general's office- they pursue all child support but don't always give the time required to to get the best outcome for the mother/custodial parent just be/c of their caseload - but you can push them and be the squeaky wheel. And it's free. If your husband can't seem to fork up $ to help his children, how will he pay an attorney?- if he's got the money, then be concerned/attentive AND DOCUMENT EVERYTHING - CALLS< VISITS, GIFTS, RETURN CALLS, INTERACTIONS WITH THE KIDS ... YOU HAVE TO GET SAVVY AND SHOW THAT YOU ARE THE BETTER PARENT FOR CUSTODY ...if he has no money, he's talking a big show to scare you as lawyers cost money and he wont be able to deliver. You can google and find out what the recommended child support amounts are per child, per his income. Use this info to barter, because that's what this will come down to - a business negotiation, painful as that thought might be - that's how the lawyers and many of the men pay it, knowing the woman will usually let the kids have their relationship with their father no matter what.
Best custody/divorce lawyer I knwo is Kent Shriver in the woodlands - AND DO NOT SIGN ANY PAPERS based on your husband's lawyer -- YOU HUSBAND IS NOT INTERESTED IN YOUR CHILDREN"S BEST OUTCOME or he would be treating you differently.
Good luck, sweetie.
LeeAnna
Call up one of the women's shelters in the Houston area and see if they can refer someone. The battered women who enter their doors never have alot of money yet need good divorce lawyers, obviously. I don't know if the shelters would give out that kind of info if you aren't a resident in their shelter but it still might be worth a try. I'm pretty sure all of them have a hot line - try that.
I'm not a legal expert by any means but from what I understand/know/heard they usually give custody to the mother. I'm not trying to give you false hope but at least some hope.
Stay faithful and I'll say a prayer for you and your situation.
C.,
I am a divorced mom and there are set rules so to speak that judges go by when granting divorces and they go by your spouses income when deciding what they will pay to you in child support i think its 20 or 25% of there yearly income. also when calling an attorney let them know your spouse filled for divorce and you can't afford an attorney and see if they will go after your husband to pay your attorney fees? my attorney did and the judge agreed to it.
good luck!
I agree with what some of the ladies have said. First, you need to protect the kids and yourself. He knows that $100 per month is crazy. Suing for custody is a way to push you into his terms. Don't do it. Call the State Attorneys office. Ask them for guidance. Also, call around to come law offices, see what they have to say. Generally, you can get your spouse to pay for your attorney fees. Especially under this situation. He is playing hard ball. Time to hit back. He is not counting on that. He believes that you will back down. You have accomodated him thus far and regarding visitation, continue to do so. But document EVERYTHING! Good luck.
There are several attorneys in the area that will give you a free consultation. I have been told by a couple of them myself that they can file for your husband to pay all of your attorney fees. You need to go talk to one as soon as you can. Also, you can file for child support for free through the attorney generals office. I don't know if that can still be done since divorce has been filed, but I think it can. There is an attorney in Conroe by the name of Edward Joyal that offers free consultation. His number is ###-###-####. Another one that is in Houston is Kelly Joseph, his number is ###-###-####. I have spoken to both of these in the past and were pleased with the information that I was given. Even if you do not hire them, go talk to them just to get your questions answered!
Best of Luck to you.. May God Bless!
~A.~
There are legal aide offices in montgomery and harris county that will help you. When I got divorced my attorney only cost me about $150 dollars total. I went through Gulf Coast Legal Aide, I don't have the number anymore but I'm sure you can google it. They were great. Please do not try to do this alone, get an attorney as fast as possible to protect the best interest of the children! Good Luck and I'll say a prayer that it works out well for you and your children.
