my husband has threatened to file first so he can get the kids. My oldest does not belong to him, so I already know he can't do that. We agreed that I would stay home with the kids and he would work. I am 28 - fully capable, but lack education and a good work history.... I dont have my own money to file first and get the "upper hand" but I truly believe that the children belong with me. In short - if he files first and I have no money to file before him or fight what he is after am I just screwed? We were married for 5 years
Any info on child support-spousal support and child custody in the state of Texas would be much appreicated
2007-11-24 12:02:19 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
do u have a legal aide there u can ask for help to file. if u have no education or job, he will have to support u and the kids. rarely do women not get custody unless the kids aren't safe. most of the time the women get the children and the husbands have to pay. u can get free advice from an attorney to see where u stand.
2007-11-24 12:10:50 · answer #1 · answered by jude 7 · 1⤊ 0⤋
I am in the same situation as you, except it is me who has threatened divorce. My oldest doesn't belong to him either. I would say to make nice with him and hold him filing off for as long as it takes you to get the money together. I would file using our tax return as it is always big due to earned income credit on our kids. We split it anyway to but stuff that we have wanted or needed all year. You can also go to a lawyer for a free consultation and see what your options are. You would have to get a job though to get the kids, the courts always favor the mother but, with no money, you have no chance. You can also look into HUD housing and food stamps etc. to get you started and on your feet. The lawyer can help with the spousal and child support laws in your state. Good Luck.
2007-11-24 22:12:55 · answer #2 · answered by Lisa I 3 · 1⤊ 0⤋
First off relax, he is trying to bully you. Who files first counts exactly 0 in custody. If you are the stay at home mom and he is an exceptional dad he may get some shared custody, but he isn't getting primary custody unless he proves you are a drug user, pedophile, physically beating or neglecting the children, or going to prison. Make an appointment with an attorney for a consultation, they will be able to give you the specifics for your state/county.
Good luck
2007-11-24 20:11:03 · answer #3 · answered by George 5 · 1⤊ 0⤋
him filing first has nothing to do with either one of u being capable of taking care of the children its not even a factor in their decision. ALso you can go pro se meaning you are representing your self without an attorney and it shouldn't cost you anything in the divorce. He files he pays the court cost. And unless you are found to be an unfit parent I don't see you losing custody.But the same goes for him so you two will have to come to an agreement at some point on custody.And as far as support the court has guidelines to go by to settle that arguement.
2007-11-24 20:09:55 · answer #4 · answered by Crystal B 4 · 1⤊ 0⤋
as long as you have a high school diploma you'd be surprised how much money you could make in a professional job. College educations are very over-rated. If you are a good mother you have nothing to worry about. I know it makes women mad to hear this, but yall know you have the upper hand in court- always have and probably always will. Just dont fight with him or give him any "ammo" to use in court..be confident- there is a good chance you can come out of this ok!
2007-11-24 22:08:49 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Unless youre ruled unfit via child or drug/mental charges, you have absolutely nothing to worry about here. Filing first or last has absolutely nothing to do with anything so let him file. You will be awarded custody with support and he will get visitation rights. So relax and calm down as the legal system is behind you. Have a nice holidays
2007-11-24 20:10:16 · answer #6 · answered by Arthur W 7 · 1⤊ 0⤋
It doesn't matter who files first, that doesn't determine who get's custody of the children. Number two, if there is money in a bank account that has been paying your bills since you were married then you have access to money in order to file yourself with. I suggest you call for a consultation with a lawyer (99.9% give free one time consults), instead of being stupid enough to fall for the bullshit your husband is handing you...One thing about Texans they BULLSHIT a lot.
2007-11-24 23:28:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I am going through a simular situation with my ex..He has threatened me that he would sue me for sole custody of the children if I move to California (currently in Washington) to be with family. It doesn't matter who files first...for him to get custody of the kids they would have to prove you to be unfit. As long as the kids have a roof over their heads, food on the table and all the basics...then they can't prove you to be unfit.
2007-11-24 20:49:33 · answer #8 · answered by Anonymous · 1⤊ 0⤋
"FULLY CAPABLE" & the judge will see that. I dought he would even be able to find a lawyer to fight for custody, a good one anyway. You are a woman in the State of Texas. Even if you were to show up to Court w/o an attorney I dought the judge would even grant the divorce; he would probably make your soon to be ex pay for it! You have it made in the shade!
2007-11-24 21:56:36 · answer #9 · answered by ? 2 · 0⤊ 1⤋
you can file on him first and have your lawyer get it set up so he has to pay for your lawyer and his own.. that happens alot when the wife has not worked.. but as in IN you would have to have a job before the divorce is final. thats what i would do is talk to a good lawyer and have him get it set up so the husband has to pay for your lawyer and his and get yourself a job asap. support is based on yours and his income. tell your lawyer you want to keep the kids also.. good luck.. i would do all this monday morning. good luck
2007-11-24 20:09:27 · answer #10 · answered by Kat 5 · 1⤊ 0⤋