Hi all, I have not posted in a while. I need some advise! My H and I have an attorney whom we hired back in February and has not accomplished much. My husband met with the attorney be4 she was hired becuz we were looking for someone to be simpathetic to our cause and she was but not it appears that she is not and is siding with the OW and her attorney. The OW and attorney aare making outrageous demands. Our attorney won't even return my H calls it has been weeks and no attorney. So we are doing some investigative work on our own. Let me give you alittle background. The OW gave her child my husbands last name without his knowledge and she put him on the birth certificate but my H never signed anything acknowledging paternity. A DNA test was done but not until after the OW had filed for a birth certificate. In the state of Texas if the OW is not married, the father has to file a Acknowledgement of Paternity but H did not. We believe she forged his name on the AOP. So he wants to try and charge her with forgery so H is getting a copy of the AOP, to see if his name was forged. Our attorney is not responding to our request as to help us with this. Our purpose is to try to get her to be reasonable.
We were trying to work with the OW on child support but she wants the max, life insurance, medical. I believe she makes more money than H and we are a one income household. We don't know why but OW has not been pushing to get this done like she was in the beginning. So i am curious.
Anyway does anyone have any advise? Shoould we get another attorney? Thanks

it doesn't matter whose name she put on the BC...My H's OW also put HIS last name on the BC and she asked him to sign the papers but he refused...You can stil put whatever name you wish on the BC...that has nothing to do with acknowledgement...so I wouldn't even bother with that...I also live in Texas...

As far as CS...the OW can only get what the court grants her...and in the state of Texas, they go by percentage...she cant get more or less just cuz she wants to...her attorney can say this and that, but it all comes down to what percentage she is allowed and they do consider all children involved, whereas is SOME states whoever files first, gets the most money...but not in Texas...

I'm not sure what you mean by your attorney is siding with the OW...if you hired your attorney then there is no siding to be done...she is YOUR attorney...did you give her a retainer?

It really is all laid out in the Texas Family Code...The court will go strictly by what is best for the child...and it is all done by percentage...I think it is like 20% of your H income, and income is capped at $6,000 in the state of Texas...and if any other children are involved the % goes down or up depending on where the children are!



Texas Family code

Got down to Chapter 154...hth

My experience with Texas Family law attorneys was terrible! We live in CA, so it was long distance. We filed CS papers nine months ago and only just now have they been signed. Not because there was really much negotiation being done. No visitation to decide, standard health insurance and even with the $$$, there was little wiggle room anyway.

Our biggest problem was the attorneys!! Lazy [censored] attorneys! They(ours and ow's) did almost nothing. My H is an attorney and he largely wrote the whole document after learning Texas code. Our attorney wouldn't ever call my H back. About anything! He didn't tell us they wanted discovery (because he never responded to them), he didn't tell us a trial had been set by the courts until 3 months after he was notified, he would sit on revisions my H made for weeks and weeks until my H finally started contacting OW attorney directly!

Her attorney turned out to be just about the same. My H finally resorted to resending the same e-mail to both attorneys nearly daily requesting some response!! Plus voice mails!

This type of law is so much based on FORMS! Fill them out, calculate, etc. It is beyond me how they disregard the emotions of those involved and ignore them. My H finally produced a FABULOUS form/document for both attorneys to use with their other clients and it was signed last week, maybe entered today. What an ordeal.

Our attorney also sent one draft of the CS order to my H office.....not stamped personal, or sent to my H name only....sent to the law firm!! So it was opened by the staff (as they are supposed to) and they were trying to match the document to the case!! It went through most of his small law firm (he is founder) staff before his secretary just plopped it on his desk.

That is malpractice and breach of client confidentiality!! If my H ran his practice like this, we would be broke and he would be sued!

I have longed for an opportunity to vent about this! You may need another attorney. But it might just be how it is run by these Family practice attorneys.

I am conviced that we only got anyone to finish this because about 2 months ago, my H told (warned) both attorneys he was going to stop paying CS to OW directly and the next payment would have to be to the CS registry. She missed 2 payments! It is possible OW finally decided to lean on her attorney, in addition to my H. I think it would still be going on now, if he hadn't done that.

Good luck and be firm! YOU are the client!

I would get a NEW attorney!

If you have paid $$$$$$ then you deserve to get something from it.

You could also put pressure (in writing) that you want a FULL refund for what you have paid so far & possibly an audit of charges...like what work they have done in comparison tohwat you have paid? This might get them moving.

IN some states it IS illegal to put a man's name on BC if it is NOT your H @ time of birth.

Good luck!

~~~~~~~~~
kt

But there is section in the Texas Family Codes that allow for some deviations from the guidelines. So if her lawyer can apply some of the following, then she might be able to get more than the usual percentages.

§ 154.123. ADDITIONAL FACTORS FOR COURT TO
CONSIDER. (a) The court may order periodic child support
payments in an amount other than that established by the guidelines
if the evidence rebuts the presumption that application of the
guidelines is in the best interest of the child and justifies a
variance from the guidelines.
(b) In determining whether application of the guidelines
would be unjust or inappropriate under the circumstances, the court
shall consider evidence of all relevant factors, including:
(1) the age and needs of the child;
(2) the ability of the parents to contribute to the
support of the child;
(3) any financial resources available for the support
of the child;
(4) the amount of time of possession of and access to a
child;
(5) the amount of the obligee's net resources,
including the earning potential of the obligee if the actual income
of the obligee is significantly less than what the obligee could
earn because the obligee is intentionally unemployed or
underemployed and including an increase or decrease in the income
of the obligee or income that may be attributed to the property and
assets of the obligee;
(6) child care expenses incurred by either party in
order to maintain gainful employment;
(7) whether either party has the managing
conservatorship or actual physical custody of another child;
(8) the amount of alimony or spousal maintenance
actually and currently being paid or received by a party;
(9) the expenses for a son or daughter for education
beyond secondary school;
(10) whether the obligor or obligee has an automobile,
housing, or other benefits furnished by his or her employer,
another person, or a business entity;
(11) the amount of other deductions from the wage or
salary income and from other compensation for personal services of
the parties;
(12) provision for health care insurance and payment
of uninsured medical expenses;
(13) special or extraordinary educational, health
care, or other expenses of the parties or of the child;
(14) the cost of travel in order to exercise
possession of and access to a child;
(15) positive or negative cash flow from any real and
personal property and assets, including a business and investments;
(16) debts or debt service assumed by either party;
and
(17) any other reason consistent with the best
interest of the child, taking into consideration the circumstances
of the parents.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

I think you need a new attorney! You need to educate yourself on your laws of your state to stay on top of the attorney. Trust me some of these attorney's just sit and sit on things and then get upset if you try and stick up for yourself. mom is right she can give the child any name she wishes, the AOP well that is another story. Big tiime bad! It has to be notirized as well, so she must know someone that notirized the signiture?

Just wanted to say Yes it is forgery if OW singed his name and the birth certificated. While she can put his last name on the BC she can't sign his name that is illegal.

Dawn

Thank you so much for everyone advise.

It turns out there was no AOP on file but we think at the hospital she marked on the application for the birth certificate she marked married becuz that is the only way she could have put my husband on it. but are still looking into that.
The attorney finally called H back and apologized so H told her to get a court date to set up child support. H doesn't want anything to do with the OC, he will pay cs but wants nc.

I was wondering if anyone knows if the judge could stick him with harsher payments or give the ow what she wants such as life insurance because of my h attitude towards child?

I would request that they explain HOW your husband was put on the certificate before the Paternity test.
Make it part of discovery. I am sure if she did LIE that would go a long way in explaining her character and showing the JUDGE what sort of person he is dealing with. Thus one of the reasons your husband does not want to have to deal directly with this woman. Thats a good excuse for NC.

LIFE Insurance for what to make her child the beneficiary if your husband died?

The life insurance policy is a good idea. But for the reason that if your H dies during the next 18 years, his estate (you) will be responsible for the CS. An insurance policy can be used in place of the estate being liable for the $$$. They are not really too expensive.

If you do this, make sure it is clearly stated in your CS order that the insurance for that purpose....not just a bonus!

The Judge may look at her charcter, but that will NOT give your h a break on cs payments. IT's state guidlines and charcter has nothing to do with it. You can have everything go through a 3rd party if you wish. If she is on state assistance it will automatcly go through the state anyway.