I need Legal help and dont know where to find it in DFW texas
okay so im the sm and my sd is only 8mo old. her dad and i are getting married and bm is a real pain in the but about like everything. so we went to the OAG and got a CS and Visitation order but he wasnt notified about when it would be because bm put our street name down for his address. no number, no apt number, nothing. she ALSO filled out all his wage info and she filled out all the ppwk he was supposed to do. he is a carhop at sonic and they decided he made 1100+ a month based on wht she said. ive been around the CS block a few times with my own parents as well as a fe classes i took so if she hadnt PURPOSFULLY schedualed this meeting when i would be at work this all could have been avoided. but no. sonic car hops make 3.13 an hour. thats it. we now need to find an attorney and appeal this child support. i mean they have him pay 358/mo for 1 child because of medical and back cs. she asked him in FRONT of the AG if he would be okay paying Back CS and he said NO and she turned around and told the AG yeah force it on him. i mean really? so idk where we can find an attorney because we cant hardly afford this CS as it is. his paychk litterally is now about30-40 dollars biweekly after everything taken out. i know she doesnt cost that much because ive been grocery shopping with the bm for the month when we were trying to get along. that failed. but shes on food stamps, and wic, and medicaid. so i dont understand how she needs that much help from him . and then to lie.
i dont know what to do but all this money shes taking is making it to where i have to delay our wedding by almost a full year to be able to afford it
$6.32 an hour is not $1100 a
$6.32 an hour is not $1100 a month. It's closer to $1000 and also - in TX CS is figured by income after taxes so - I'd say the $1100 a month is a stretch.
They may have figured it on current minimum wage which is $7.25. The only way "wait staff" can be paid the ridiculously low hourly wage is if they make at least $7.25. If he's not making minimum wage with his tips, he really should find some more work.
As to the original poster's question, have you tried contacting legal aid of northwest texas?
First, when dealing with the
First, when dealing with the OAG, BM doesn't get to pick the court or mediation dates/time. If you fiance didn't show up to mediation, the he would have to be served court papers notifying him of the upcoming hearing date. This would be done most likely by the Marshall. They would serve him at work or at home or anywhere they can find him. If he didn't go to the first court date then they would likely reschedule another one and give him one more chance. If he didn't show to that one, it's very possible that they put in a default order.
He has to pay SOMETHING towards the arrears, even if it's at $50/month. They have no way of determing the amount of tips he makes, so it's very likely that they inputed him in at minimum wage and then calculated 20% of that amount. If he doesn't provide insurance and the child is on medicaid then they will input an additional $50 for that cost. All of that could very well equal $358/month.
However, there is a law that states that an employer can't withold more than 50% of a person's NET INCOME for payment of CS (or any other debt). So, your fiance needs to make sure that is being followed.
"if she hadnt PURPOSFULLY schedualed this meeting when i would be at work this all could have been avoided" - Your fiance needs to be a grown up and handle his own business. Even if you had been off work to hold his hand, the OAG will not allow you to sit in on the mediation talks, and you would be asked to wait in the waiting room or in the hall during their court date.
Also, what county are you in?
Also, what county are you in? I've been through the OAG for CS modification just a week ago, and my DH is going through them as well for his CS case and has another scheduled date next month. We've gotten pretty familiar with how they do things.
Weird. When my bff in high
Weird. When my bff in high school worked at sonic as a carhop she made twice what your hubby makes and that was about 15 years ago. Since you have a cs order the OAG should have all of his info. They will NOT schedule anything without notifying him first. So either he lying to you or he just didn't go. They do either send info in the mail or with important info he will get served papers at home or work. They will not proceed until the papers get served to him. Apparently he attended something...was it with just his cs case worker or mediation? Next time tell him he didn't haveto sign the papers. If he didn't agree and could prove he makes less than what bm claimed then he should not have signed the papers. Also, they do not go just off of bm's word. The OAG always asks both parties to submit info. My dh gets asked for paycheck stubs, tax forms, etc. So maybe your bf didn't turn his paperwork in or take it with him? Doesn't matter really because they usually pull the tax info showing what they made the last year anyway. The OAG has access to that and will have it on hand in case someone doesn't bring their own info. I do agree that $50/month for arrears is high. You can see if that can be lowered. My dh at one time paid $20/month to catch up. They also will take hisr tax return (if any) if he owes a lot of backpay. I know your amt seems high but if bm is really on all that assistance then most of his cs is going towards paying back the state before she gets anything anyway. So she isn't seeing a lot of it. I would contact legal aid and get help.