CS after 15 years & what to expect in TX?

[OU812]

What is the name of your state? Texas

If anyone has answers to 1 or more of my questions, I'd greatly appreciate it, as it's hard going into this not knowing what to expect.

DH's ex GF has decided after 15 years to now file for support through the AG's office. So far, the only paperwork we've seen is 1 form sent to his office to verify employment. I'm positive the rest is yet to come.

We're pretty sure DH is the father, but will request proof of paternity if it doesn't cost much. He only dated the ex a couple of times, she claimed to be on the pill, but "whoops". He knows she was just trying to trap him because he told her he was moving.
Long story short, a month after the child was born, he did move away. There was only contact for another few weeks, and then she severed ties. Although, he didn't want contact either.
5 years later she calls. He states that he couldn't talk right then. She demanded to talk right then or threatened that he would never have any contact with her or her son again. They hung up, he was content with that & that's the last he's heard.

Until this past week.....The child is now 15. She has a new last name, but we're not sure of her current marital status. DH is now married to me, and we have 3 children. So, my questions are:

1. With the child being 15, and DH just now being contacted, what are the odds of him having to pay retroactive support? Lenght of time considered if possible?

2. I know about the 20% standard for future payments, but what consideration is given to *our* 3 children? Our current debts? Is there a formula for this to calculate what he'll be liable for? Or any personal insight that can be shared?

3. We are in FL now. Will he have to physically go back to TX for this?

4. I've read that mediation is the AG's first approach. Correct? Are they fair, or will I have to count on going to court?

5. What are average attorney's fees for this type of case?

Any other tips or things I should be aware of? This is all totally new to me, and I'm worried out of my mind from all the horror stories I've been reading about how the courts are often ridiculous when it comes to judgements.

 

[OU812]

Anyone know anything about Texas?

 

[Lil Miss Smarty Panties]

the only one I can possibly give you an answer for is #1
usually, they will only grant support from the date it was filed. Unless, she has been on any kind of gov assistance. If she has, your hubby is screwed. He will have to pay back the state for any AFDC she has collected, which could be in the thousands if the kid is now 15. But, MAKE SURE he gets a paternity test.

 

[ktarra617]

I can answer your questions.

First off, she will not get 15 years back child support. The most she could get is support back to her filing date with the AG's office. So it would behoove your husband to be setting some money back for a few months in case the judge grants support retroactive the filing date. She can't get support for the 15 years prior.

Secondly since she has filed for support, your husband should file for visitation. I know it may be difficult for him and the child involved but that is his son and they need to get to know each other.

Thirdly, since the child in question lives in Texas, Texas laws apply and your husband will get a 2% credit for each biological child living with him. Since you have three children, he will 6% deducted from the 20% and she will only be entitled to 14% of his NET income. Texas bases child suppport on NET income not the GROSS income. Which is better for you anyway.

Fourthly, it is possible that he will have to come back to Texas for a final hearing, very possible if you are going to contest paternity. Which you should since there is the chance that the child may not be his. He should called the AG's office and work with them, if he makes an effort to work with them, they will make the effort to work with him. There may be a way for him to appear by phone. He really should contact them. Here is the AG's office number 1-800-252-8014. that will get him one of the call centers and they can direct him from there.

The AG's office likes to see people work things out and its possible like I said if your husband works with them and they get all the information from him and her and they get everything worked out then he may not have to go to court. But I would prepare to go to court and then just be glad when you don't.

Well attorneys fees can vary depending on how long it takes and how much work this takes to get done it may be anywhere from 1000 on up.

Good luck to you and your family.

 

[ktarra617]

i forgot to say that LMSP is correct if she has been on AFDC for any length of time then if the paternity test comes back and the child is his then he will have to pay back the state of Texas for the monies she recieved.

Like LMSP said make sure he gets the paternity test.

 

[OU812]

THANK YOU!!!

 

[OU812]

HELP

We just received our hearing notice from the AG's office requesting our response to the paternity suit by next week.
My husband called the office & our officer told him that this woman is also entitled to 4 years back support!! Can this be? We're totally screwed if so.

 

[Lil Miss Smarty Panties]

How can she be entitled to 4 years back support when they are just now sending you a letter wanting your husband to respond to paternity?? There was never a support order filed was there? I would be looking to see if she has received AFDC at some point

Tell him to deny paternity and get a DNA test. But if it does come back he's the dad he will most likely have to pay for the DNA testing. I can't understand the 4 years of back support unless there is a default judgement against him.

 

[OU812]

There was never a support order filed, and reportedly she has not received AFDC. Her motives are unclear at this point. Talking to different attorneys in the area gets different responses from each; everything from the possibility of retro support from birth to likely just future support.

The unknown is the worst.

 

[Lil Miss Smarty Panties]

Anything is possible but it is highly unlikely she will get 4 years back support if there was never a support order. But it strikes me odd that they are saying *4* years. why only 4 if they are going for back support? why not the entire 15? She will most likely get support from the time she filed tho. If she was never on AFDC consider yourself lucky! I wouldn't worry too much about it. I know, easy for me to say.

 

[ktarra617]

First off I don't know what the officer you spoke to at the AG"s office has been smoking but your husband's ex is NOT entitled to 4 years back support. The most she can get under Texas Law is back to her original date of filing!

The AG's office is just trying to scare you.

If she really hasn't been on welfare then I don't understand why she didn't just go down to her local county and file for support. Lot less hassle. I am surprised that they are acting that way.

What county does the ex live in?

Granted I am not a lawyer but we have told the above recently in regards to our own case so we are fairly certain it is true.

However don't ever underestimate the state.

Your husband should be prepared to proove that his ex has not wanted him to be around for any reason until now. The court will be interested to know as to why she's filing for support now after 15 years.

Also Texas is big on IRS Intercept so be prepared to file the appropriate tax papers to insure that you recieve some if not all of your return. If Texas does try to say there is an automatic arrearage they will seize his return. You as the spouse will have to file what is called an innocent spouse form to insure that atleast part of your return is given to you.

If the ex lives anywhere close to me I can refer you to a good attorney here in my area but like I said I need to know what county she lives in first.

Good luck to you!

 

[OU812]

Seeing as how he's had no contact with this woman for 15 years, presumably she's somewhere in or around Houston (Harris county maybe?). We don't know her wherabouts for certain, and am not sure if they'd tell us (isn't that stuff confidential?)

From this link: http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=TX&CFID=20322&CFTOKEN=17900480#9
It states:

I4. Will your State establish support orders for prior periods? Yes
I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? From the birth of the child. It is presumed that a court will limit the retroactive amount to four years preceding the date of the petition.

This is the content that is frightening. That and the fact that the AG lady was quick to bring up this piece of information in my husband's very first phone call to her. The kicker? He called yesterday to see if the officer had contacted this woman to find out her intent, and the officer asked him if he had a contact number for her because she had been unable to reach her to confirm their meeting time!! Ummm, no lady - it's been 15 years!! We are curious to know of her motives after all this time as well.

Edit: url didn't link for some reason.

 

[ktarra617]

that's interesting because when my husband's ex went after an increase in her support and asked that the increase be made retroactive back like two or three years because he had recieved several raises since they divorced. We were told that the judge could only make the support retroactive back to the original date that she filed for the increase if the judge wanted to. The judge does not have to order the support retroactive back to her filing date. My husband's new child support amount was NOT made retroactive.

I have been dealing with the AG's office for years and they have never in this whole time ever said I could go back retroactively on support or an increase in support and you would think they would.

You are correct that they will not tell you where she is. The first time you find out anything will be in court apparently.

I am really sorry that I gave the wrong information. I don't know any lawyers in Houston but there are a few father's rights groups here in Texas that may be able to help him, they specialize in the Texas Family Code and can help him wade his way through it.

Go to this web address http://www.fathers4kids.org/html/home.htm

They may have some information that can help you.

also try this one: http://www.acfc.org/lkallorg.htm

they have lots of links to organizations that are supposed to helps dad get through the legal system in one piece.

Let us know how it goes.

Good luck

 

[OU812]

Screwed

Well the meeting with the AG officer was a waste of time. She would not settle for just future payments, and had no recommendations for an amount she was looking for. She just kept harping on what we were going to pay for the retroactive amount, and we kept asking what she wanted. So, we got nowhere. Ex stated that that she was very well off herself, but she wants this money for the kid's college; claiming that this is not punitive in nature (my @ss).

While the ex was sitting there, the officer told her that although she wouldn't get 15 years retro, she was entitled to 4, and told her that she could probably get 8. Well, of course the ex wouldn't listen to anything we had to say less than that, after hearing what she 'could' get. AG lady rushed the meeting over because she had another couple waiting. So, our court date is in 2 months. So much for being fair & working with the parents.

Can anyone tell me what to expect at the hearing? Are we totally screwed at this point?

 

[ktarra617]

i am very sorry that the ag's office is not working with you. I can tell your experience is going a lot differently than mine. They bent over backwards for my ex who owes well over 8k in back support.

Probably your only alternative at this point is to hire a lawyer in the area where she lives to represent you. I can't believe they would give her 8 years backsupport but then again I didn't think they would even say 4 years since she has been the one keeping the child and father apart by not telling them about each other.

again I am so very sorry that this is not going well. Sounds like she is money hungry and unfortunately it sounds like they are going to let her get away with it. I would really suggest trying to get a lawyer even if you have to take out a loan to do it. If you can hire a pitbull to go after mom for keeping the child away and not giving dad the chance to pay all these years, instead of after 15 years deciding she wants back support. And the way the support goes if they order the 8 years back then even after the child is 18 an no longer eligible for support you will still be paying off the back support to her for a few years. Kind of like back door alimony without calling it that, in my opinion.

Keep us informed of what happens in two months.