Due to financial reasons my husbands ex-wife has let their children come live with us and we are enrolling them in school. They had joint custody with her being the custodial parent and him paying support. I realize we can't just stop paying child support now that they will be living with us... I know their has to be something in writing and filed with the court. Does anyone have a suggestion as to the way we can go about the filing of the paperwork without it costing us an arm and leg? Has anyone out there used a paralegal for this type of thing?She initiated this so I don't forsee her fighting it ...
2006-09-04 18:04:34 · 5 answers · asked by melinda 2 in Family & Relationships ➔ Marriage & Divorce
I should have also mentioned. We are in Texas and the support is automatically deducted and he has always paid and is not behind or anything like that.
2006-09-04 18:13:19 · update #1
If someone could give me actual websites for TEXAS of forms I can download related to this I'd appreciate it.
2006-09-05 02:30:14 · update #2
This is actually really easy for you to do. I've walked a many of parents through this over the years. First you need to go to your state's website, find the icon for downloading forms. (Just about every state has them today). Download the form for "Modification of Placement", or a simple modification form from the family court site will work as well. Fill it out. Have the ex-wife write a letter stating that she gives her consent to have the children reside with you and have her sign it by a notary, which can be found at just about any bank. Then take the form, the letter from the ex and make four copies of each. Attach one copy of the letter to each form. Take them to your county court house and search out the clerk of courts office. They will take one of those copies, give you a court date to appear and give you back three. You will have to pay a filing fee of about $50. Make sure the court date is on all the copies before you leave. Then take two copies to your local sherriffs department to have her served. You'll have to fill out another form regarding the ex's address, vehicles she drives and work info, and pay a service fee of about $30. They'll serve her, return a stamped copy as proof that she was served. Then show up to court on the court date, with your copy (the 4th one), and the stamped copy from the sherriff's department to verify the ex was served properly. You'll sit in front of a Family Court Commissioner (No judge needed if the ex doesn't contest), who will then grant placement of the children to your husband and order the ex to pay child support.
The reason I had asked you to have the ex write the letter, is because alot of times, a parent is willing to change placement right up until they are ordered to pay child support. Then reality hits and they want to get the kids back. With this letter of consent, she won't be able to get out of it.
I wish you luck. Just keep in mind, it's not hard at all and you won't have any legal fees doing it this way other than about $80 in filing/service fees.
2006-09-04 18:17:46 · answer #1 · answered by Hollynfaith 6 · 0⤊ 0⤋
If your husband has been paying child support directly to his ex wife for child support, and she does not file a complaint to the court that he is no longer paying, you do not have a problem. If your husband's paycheck is being garnished to pay the child support, or your husband was ordered to remit the child support to a court or its agency, then you might need a lawyer.
2006-09-04 18:21:42 · answer #2 · answered by Baby Poots 6 · 0⤊ 0⤋
go to the court and file for emergency custody, this way it doesnt cost much if anything at all, be sure to let them know the entire situation, that he was paying her and now he has the kids, it will only take a week tops and everything will be changed, good luck
2006-09-04 18:23:23 · answer #3 · answered by cindy 2 · 0⤊ 0⤋
Will the youngsters stay with the two considered one of you precisely the two? this is rather an interpretation difficulty. while my little ones are with me, i'm the "generic custodial parent". while the youngsters are with thier dad, he's the generic custodial parent. once you're purely doing this to get your babies registered in a school on your ex's district you're doing it for the incorrect reason. changing the wording will substitute your custodial difficulty. i don't believe the college board can ward off your ex from registering his criminal babies in a school interior of his boundary. (this is rather none of their company what your custody contract is.)
2016-10-01 08:03:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Is the child support taken out of his check automatically? If not, you should just be able to write something up and both parties sign and have it witnessed/notarized by a notary public. If you know someone who is a notary, then it probably won't cost you anything.
2006-09-04 18:08:27 · answer #5 · answered by mjboog2 4 · 0⤊ 1⤋