I've had this question come up several times this week.
One parent won't support their child.
Other parent needs money.
There are many options.
1. Texas Attorney General - free but very slow.
2. Hire a private attorney - more aggressive and you are treated as a person and not merely a number like the TX A G cases.
Here are a few child support "interesting" facts --
1. Texas legislature now limits how far you can go back to collect on child support. It is currently 4 hours.
2. Past-due child support is subject to a 6% interest rate. (It used to be 12% many years ago and the legislature reduced it.) If you don't pay child support, eventually you are paying interest on interest. I had a man that owed $10,000 in past due child support. His kids were in their mid 30's. He eventually owed approximately $20,000 due to interest. The TX A G's office intervened in his father's probate and got the money for his ex-wife. He was really upset.
3. If you lose your job or have less income, you need to file to modify the child support. A written agreement between the parties is not enough. A judge must modify the child support to make the change effective.
4. If you give your ex money directly and you were ordered by a judge to pay through the TX Disbursement Unit in San Antonio, then a judge can find that all the money you handed to your ex was a "gift" -- you still owe 100% (plus 6% interest) for unpaid child support. If you were ordered to do something the judge expects you to follow the order. If ex signs a piece of paper (even notarized) it is not binding on the judge.
5. If you were ordered to pay child support and now the child lives with you, you need to modify the court order.
6. If you go to jail, you still owe the child support plus 6% interest. Jail does not mean you don't owe the money. The Texas legislature expects all parents to support their children.
7. If your children are on Medicaid then the citizens of the State of Texas are paying for your children. It might be free to you but the citizens of TX are paying for your children's health insurance. The TX A G office is supposed to get reimbursement for this insurance.
8. If you accept any sort of federal or state assistance, such as Medicaid, food stamps, WIC, housing, etc. if you carefully read the paperwork that you signed, it states that you have signed over your rights to allow the TX A G to collect money from the other parent.
If you don't want the government in "your business" then don't apply for any sort of help for your children or yourself.
9. Once all children are over the age of 18 you can no longer be jailed for being past due in child support. But the debt never goes away. You might find that your social security payments are reduced when you retire or your estate owes it when you die.
10. If you are past due in child support, your credit can be ruined, you can lose your driver's license, you cannot renew your passport and you won't receive a professional license. I had a doctor call me because the State of TX would not issue his professional license to practice because he owed a lot of money in past due child support. In order to get a professional license, he had to pay the money due. He was really upset. He did not pay child support for over 6 years while he was going to medical school. Now he was between a rock and a hard place. TX A G would not work with him. They took a very hard approach to his case.
11. If the parent ordered to pay child support won't pay then the person can be jailed or monetarily fine. Read your paperwork under "warnings". One guy refused to pay and the Harris County jail kept him. Apparently he really was nasty and the person in charge of release actually called his ex's attorney to try to keep him in jail longer. I don't know what he did but he stayed in jail way over 6 months.
12. TX A G's computer will attach any bank account where your social security number is associated if you are past due in child support. One man called me frantic, his son's college fund was "gone". He had his social security number on the account, along with his son's. The TX A G computer "grabbed" it. The son was able to eventually prove that all the money in the account was his and that his father never put any money into the account -- but it took a couple of months for the son to get his college money back. Be aware that if your ss# is on any bank account, due to the TX A G's excellent computer system, your money will be found and eventually "grabbed" then the burden falls upon you to try to get it back.
I know lots more "interesting" facts but 12 are plenty to scare you.
Child support is a serious obligation & there can be criminal issues if you don't pay your child support.
Saturday, August 30, 2014
If you have questions - talk to an attorney immeditely
I offer a free 10 minute free family law consultation to people. I talk to at least 20 new people a week.
Below are some suggestions to make your life easier:
1. The TX legislature meets every 2 years and makes changes to TX laws. This includes probate, wills, divorce, common law marriage, spousal support (alimony), child support and other issues that might impact your life.
2. If you have a question, concern or even a fleeting thought, I highly recommend that you call an attorney in your county.
3. There are many websites where you can post a free legal question...
www.lawguru.com
www.avvo.com
4. Sometimes it is worth meeting with an attorney in person and paying for an hour of that person's time and knowledge.
5. Do not listen to your friends and family regarding legal questions or problems you might have. Most are not attorneys and they probably don't know current TX law.
6. If you don't like the answer you receive from one attorney then continue to shop around. It's called the "practice" of law because there are no guarantees about your outcome. Judges interpret the law differently, facts vary from case to case, and there are many other reasons why if you talk to 3 attorneys you might get 5 different answers.
It's a lot like your car. It won't run one morning. Why? It could be a variety of things - out of gas, a bad battery, a bad alternator, it's not in park, or many other things. No car repair is exactly the same. Similarly no legal problem is the same.
So don't stick your head in the sand and expect your problem to go away -- it won't -- it usually gets worst. Deal with it now while it's a small problem instead of ignoring it and waiting until it is a crisis. It's a lot like a cut - you can either ignore it and risk it getting infected or clean the wound, put ointment on it and a band-aide and minimize the potential problem.
I talked to 3 people this week that never consulted with an attorney when it was merely a question or a minor problem, now they have a huge crisis on their hands. It is so much easier to handle things when they are small and easy rather than when they are huge & difficult.
Below are some suggestions to make your life easier:
1. The TX legislature meets every 2 years and makes changes to TX laws. This includes probate, wills, divorce, common law marriage, spousal support (alimony), child support and other issues that might impact your life.
2. If you have a question, concern or even a fleeting thought, I highly recommend that you call an attorney in your county.
3. There are many websites where you can post a free legal question...
www.lawguru.com
www.avvo.com
4. Sometimes it is worth meeting with an attorney in person and paying for an hour of that person's time and knowledge.
5. Do not listen to your friends and family regarding legal questions or problems you might have. Most are not attorneys and they probably don't know current TX law.
6. If you don't like the answer you receive from one attorney then continue to shop around. It's called the "practice" of law because there are no guarantees about your outcome. Judges interpret the law differently, facts vary from case to case, and there are many other reasons why if you talk to 3 attorneys you might get 5 different answers.
It's a lot like your car. It won't run one morning. Why? It could be a variety of things - out of gas, a bad battery, a bad alternator, it's not in park, or many other things. No car repair is exactly the same. Similarly no legal problem is the same.
So don't stick your head in the sand and expect your problem to go away -- it won't -- it usually gets worst. Deal with it now while it's a small problem instead of ignoring it and waiting until it is a crisis. It's a lot like a cut - you can either ignore it and risk it getting infected or clean the wound, put ointment on it and a band-aide and minimize the potential problem.
I talked to 3 people this week that never consulted with an attorney when it was merely a question or a minor problem, now they have a huge crisis on their hands. It is so much easier to handle things when they are small and easy rather than when they are huge & difficult.
Friday, August 29, 2014
Digital Finger print cards for TX
Digital finger print card site.
I've not used it but another attorney sent it to me.
If it does not work, please let me know so I can delete this blog entry.
https://tx.ibtfingerprint.com/
I've not used it but another attorney sent it to me.
If it does not work, please let me know so I can delete this blog entry.
https://tx.ibtfingerprint.com/
TXDPS Form for Domestic Adoptions - Criminal Background Check
TX Department of Public Safety criminal back-ground form for domestic adoptions...
http://www.txdps.state.tx.us/internetforms/Forms/CR-62.pdf
http://www.txdps.state.tx.us/internetforms/Forms/CR-62.pdf
Mediation websites
To learn more about mediation visit...
www.mediate.com
www.mediation.com
Texas Mediator Credentialing Association
Texas Mediator Association
ACR-Houston
Association for Conflict Resolution (National website)
or
Google "mediator" or "mediation"
There is no "license" to be a mediator.
Anyone can call themselves a mediator.
A person may or may not complete a 40 hour training to be a "mediator".
I am an Advanced Credentialed Mediator through the Texas Mediator Credentialing Association, on the board of ACR-Houston and a member of Association of Attorney Mediators. In order to be a member of these organizations, I take advanced training on an annual basis to maintain my membership in these groups.
www.mediate.com
www.mediation.com
Texas Mediator Credentialing Association
Texas Mediator Association
ACR-Houston
Association for Conflict Resolution (National website)
or
Google "mediator" or "mediation"
There is no "license" to be a mediator.
Anyone can call themselves a mediator.
A person may or may not complete a 40 hour training to be a "mediator".
I am an Advanced Credentialed Mediator through the Texas Mediator Credentialing Association, on the board of ACR-Houston and a member of Association of Attorney Mediators. In order to be a member of these organizations, I take advanced training on an annual basis to maintain my membership in these groups.
Houstonia Magazine - December 2013 - I'm a top Houston family lawyer!
Houstonia Magazine in their December 2013 issue listed me (for free) as one of the top family law attorneys in Houston.
I was unaware that I was even included in this magazine until a friend called me.
It was a true honor to be included since I did not pay for this advertising.
I think they chose me due to my outstanding rating on www.avvo.com but I'm not sure how I was selected.
There was no category for "mediators" or I would have preferred to be listed there!
What a pleasant 2013 Christmas present - thanks Houstonia Magazine!!
I was unaware that I was even included in this magazine until a friend called me.
It was a true honor to be included since I did not pay for this advertising.
I think they chose me due to my outstanding rating on www.avvo.com but I'm not sure how I was selected.
There was no category for "mediators" or I would have preferred to be listed there!
What a pleasant 2013 Christmas present - thanks Houstonia Magazine!!
Google has named me an "expert"!
Google has several of my blog posts listed as an expert on page 1 of several Google searches.
I have no control over Google's opinion of me.
I do not understand how or the reason why they list some of posts on page 1 of google. I do not pay for these posts. These posts (such as adult name change) have taken on a life of their own -- most of these posts are several years old and the laws have changed somewhat.
Unfortunately my old blog (www.txfamilylaw4u.blogspot.com) became "frozen" when Google+ came into the picture. I paid my computer wizard to fix it and he eventually gave up and suggested that I just start a totally new blog -- hence www.houstonmediator.blogspot.com
I've been on the internet for almost 18 years - I was one of the first attorneys to have a website -- my first site was designed by a high school student and was half a page!
Just because Google lists me does not mean that they are 100% accurate.
You can call me if you have a question. If I cannot help you then I will try to refer you to someone that I know and trust.
The best free attorney referral site that I am aware of is www.avvo.com
I use it.
I have a 10.0 rating on avvo.com
I have many, many rave reviews.
I have no control over Google's opinion of me.
I do not understand how or the reason why they list some of posts on page 1 of google. I do not pay for these posts. These posts (such as adult name change) have taken on a life of their own -- most of these posts are several years old and the laws have changed somewhat.
Unfortunately my old blog (www.txfamilylaw4u.blogspot.com) became "frozen" when Google+ came into the picture. I paid my computer wizard to fix it and he eventually gave up and suggested that I just start a totally new blog -- hence www.houstonmediator.blogspot.com
I've been on the internet for almost 18 years - I was one of the first attorneys to have a website -- my first site was designed by a high school student and was half a page!
Just because Google lists me does not mean that they are 100% accurate.
You can call me if you have a question. If I cannot help you then I will try to refer you to someone that I know and trust.
The best free attorney referral site that I am aware of is www.avvo.com
I use it.
I have a 10.0 rating on avvo.com
I have many, many rave reviews.
yelp.com
I am beginning to receive phone calls from my yelp.com listing. Two old recommendations appear on page one. I have 7 more outstanding recommendations but you can only see them if you click on the link to them.
I don't pay anything for this advertising!
I use yelp on my smart phone & I signed up for this free listing years ago. It is finally starting to generate leads.
If you need something, check out www.yelp.com
I don't pay anything for this advertising!
I use yelp on my smart phone & I signed up for this free listing years ago. It is finally starting to generate leads.
If you need something, check out www.yelp.com
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