Is there a % of pay that Texas deems as child support payment?: My ex-husband only pays $400 a month for child support on our one child left at home. He doesn't pay for any type of insurance coverage and will not reimburse me for out of pocket medical expenses. I can't afford to hire an attorney and the child support office in Bryan, Texas are extremely slow and will not consider this an important issue.
Jacqueline’s answer:
In Texas, your ex-husband would pay a percentage of his net monthly income. If he only has the one child with you and no other children whom he is legally obligated to support, his child support obligation would be 20% of his net monthly income.
If he is obligated to reimburse you for health insurance coverage (and he should be unless he was ordered to provide health insurance coverage) and he is not, he could possibly be held in contempt and go to jail. For your out of pocket expenses, you need to be sure you are keeping documentation (i.e. copies of letters you sent enclosing the bills) as he could be held in contempt for not reimbursing you for those expenses as long as your prior order states he is obligated to do so.
You should contact a legal aid office in your area. If they accept your case they will represent you for free. Otherwise, if you do not have the funds for an attorney, your only options are to find an attorney willing to do your case pro bono, go through the Attorney General's office or represent yourself although I would not recommend you do that in your case.
How do request findings for family violence in a divorce petition?: I was assaulted by my spouse and she admitted that is was an assault but she has not been formally charged . How can I request the court to make a finding of family violence in my divorce petition ? Example : Petitioner requests the court make a finding that Respondent committed family violence as set forth under 71 . 004 PFC " Is that right ? and what would the heading be called ? Request for Findings of Fact and Conclusion of Law ?
Jacqueline’s answer: You should definitely contact an experienced family law attorney in your area. A conviction and/or finding of family violence can directly affect a range of issues in a divorce case including conservatorship and possession and access of a child, property division, as well as spousal maintenance. Some of these may not apply to your case but you should seek legal counsel to determine what your legal options are as well as making sure your pleadings are done properly.
The biological father has a great relationship with his child , can child support obligations be terminated due to unemployment?: The father has been going through really bad financial problems and is unemployed , he is how ever registered with the workforce office and trying to find a job , he also doesn't have any means of transportation and is currently homeless and staying with a friend . His Driver's License is also currently suspended thus preventing him from driving to a prospect job . He is a great father to his daughter and is always there for her . He is looking for whatever options he can find aside from going to jail and not seeing his daughter for a prolonged and unknown period of time , but the courts wants him spend jail time in until he pays a $ 10 , 000 cash bond towards child support . He is not a criminal and has no criminal background what so ever , please help .
Jacqueline’s answer:
If there is a case against him already filed with the court and they are requesting jail, he needs to fill out an affidavit of indigency and request a court appointed attorney. If the court finds that he is unable to afford an attorney, the court can appoint him an attorney to represent him. He may also try contacting a local legal aid organization. If they accept his case, they will represent him at no charge.
There are affirmative defenses that he may be able to make which could keep him from going to jail, but it's very important that he seeks legal counsel (through the court or on his own) to help him establish a defense.