Jacqueline Diane Cannon's Answers

Can the parties agree to a reduction in child support due to a change in custody?

Based on the information you provided, you should be able to modify your current order to reflect your agreement. You will need to have an order prepared that accurately reflects your new agreement and have the Judge sign off on you order before it becomes effective. It is possible that you will be able to modify your current order and have the Judge sign it without any issues and without the need to appear in court.

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How much do they take out for child support on 2 kids

In Texas, child support is based on the net income of the obligor (the person paying support). The percentage the net obligor will pay for child support is based on the number of children the obligor has with the obligee (the person receiving support) and the number of other minor or disabled children the obligor has a legal duty to support. The percentage the father would pay for child support will change once your child and the other girl's child are born as he cannot be ordered to pay...

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Is it best to represent myself in court or hire a lawyer?

Well, that would depend on the type of case. There are some simple matters in which folks represent themselves, but, for the most part, especially if this is a contested case or a case that would require any type of hearing, people benefit from having an attorney. I suggest that you at least set a consult with an attorney to discuss the specifics of your case before making your decision.

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Should I use a lawyer for a name change?

The decision about whether to use a lawyer to help with your name change depends on how comfortable you are with going through the process on your own. The name change process is not very complicated, however many people feel more secure using an attorney to make sure everything is done correctly. If you want to pursue it on your own, you can always hire an attorney to draft the petition and order or there are website that have templates you can use. You do not have to change your name on...

Can i get child support if i am leagally married

Yes as long as you and your spouse are separated. You can get child support through filing for a divorce or you can file a Suit Affecting Parent-Child Relationship. If you want a divorce, it is best to seek child support in the divorce as opposed to a separate case so that all issues can be addressed in one case which will save you time and money. The court can award you temporary child support while the case is pending so that you do not have to wait until a final order to obtain support....

How can I find out if my spouse has filed for a divorce?

Many courts post court records online. If the divorce would take place in Denton County, you can look up court records at www.justice.dentoncounty.com under Family case records. Dallas County and Collin County also post court records online. If the county where you believe your wife has filed for divorce does not have an online record search, you can contact the district clerk for that county and they can tell you if a case has been filed.

Can a mother with physical custody move out of state

This is a common question for family law attorneys and the answer really depends on the situation. If there are no prior orders, or if there are orders but the orders do not restrict the child's residence to a certain location (for instance State of Texas or Tarrant County) then she could move out of state, or county, with the child. However, that is not to say you are without recourse should she do so. If she moves out of state, it is possible she can be ordered to bring the child back. If...

My son lives with me and I still pay child support to my ex. How can I get this to stop?

In order to get your child support obligation terminated as your son currently lives with you and get court orders stating your son is to remain with you, you will need to petition the court for a modification of child support and conservatorship. Depending on what county your prior orders are in and where you are currently living, you may also need to seek a transfer to the county where you and your son currently reside. It is important to modify your prior orders because you are still...

In Texas what can you do if your ex doesn't follow the visitation decree in your court order?

Your husband can file a Motion for Enforcement and ask the court to hold his ex-girlfriend in contempt for each instance that he was denied visitation or has to pick up his daughter at a location not specified in the order because she would not meet him at the designated place. Contempt can be punishable by a fine up to $500 and up to 180 days in jail for each occurrence so the "punishment" for violating the order can be severe. The ex-girlfriend could also be ordered to pay your husband's...

What is the step down clause for child support?

A step down clause for child support is used in situations where there is more than one child a person pays child support for. A person will pay a certain amount of child support for however many children there are and when the parent paying support becomes no longer obligated to pay for one or more of the children (that child ages out, becomes emancipated, etc.) then the child support amount "steps down" to a lower amount. For example, dad has 2 children (X & Y) that he pays child support...