OU812 said:
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.
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My response.
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?
As to the law, as opposed to calculating Las Vegas odds, the courts in Texas may order child support retroactive. There is a four year statute of limitation on chilld support . So the stuff about ordering child support back to birth is in dealing with a child under four years of age. There are a number of factors that the court looks to when ordering retroactive support, including whether the father knew or should have known about the child. What, if any, prenatal support and subsequent support he has given. You stated that he was there until about a month after the child was born and he didn't want to have contact with the mother or to talk to the mother 5 years later when she called. Neither of these two things will help your husband. I would highly recommend that he not bring up "her trapping" him or that she is "money hungry" or what her motivation is now in pursuing support from him. It is irrelevant. Both parents are obligated to support a minor child and this is a minor child. If he is this child parents, he owes support, regardless of mother or mother's motivation.
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?
Under the Texas child support guidelines ( and there is a presumption that the standard guidelines are fair), child support will be computed for children in more than one household, which in your case is one child before the court and three children not before the court comes out to be 14.75 percent of net income. The guidelines presume the obligor is also furnishing the health insurance. If not then the obligor has to reimburse the obligee for the cost of the health insurance coverage for the child. Net income is all income from whatever source (but not a new spouse's income) minus health insurance for the child; minus union dues if they are required by the employer; minus federal taxes calculated for one exemption (and state if applicable) and then plug in 14.75 of that figure and that is the child support.
3. We are in FL now. Will he have to physically go back to TX for this?
Under the Uniform Interstate Family Support Act, it is not necessary. The statute allows for communication in writing, by telephone or by other means between tribunals to obtain information. A tribunal of another state may assist in obtaining discovery and may compel a person over whom the tribunal has jurisdiction to respond to a discovery order issued by a tribunal of another state. A tribunal may permit an out-of-state party or witness to be deposed or to testify by telephone conference. Also UIFSA authorizes establishment of parentage in an interstate proceeding.
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?
Correct. It depends. If the parties think it is fair then there is an agreement reached. If not then the Judge decides what is fair and there is usually one of the parties who thinks that decision is unfair.
5. What are average attorney's fees for this type of case?
Attorney's fees are based upon the experience and area of practice as well as the location of practice. So attorney's fee can vary considerably.
6. Regarding DNA test, that too depends upon who is doing the testing and how far they are backlogged but you should certainly have the result in 30 days. Yes, a Motion for Continuance is needed if the DNA results have not come back and the Motion should be an Agreed Motion For Continuance. Hopefully, I covered eveything.
Oh, how to find an attorney, under "atttorneys" in the yellow pages there is a 1-800 number for the Texas State Bar referral service. They will provide you several names of attorneys who practice in the given area of interest as well in the county or in a neighboring county if no attorney is available in that area of practice in your particular county. They cannot make a referral of a specific attorney.
