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I would just agree on an amount with the NCP and give back the extra every month without going through the courts. You never know what will come up when you start getting the courts involved. Or if the NCP is providing the medical insurance mail the extra in on the premiums so he isnt covering all of the support. Put the extra in a savings account for graduation, first car, college, etc. That would still help both parents. I am sure he will not be opposed to either one. Be carefull with going to court in my state they only like to modify child support every three years. If you petition to lower it and something happens that you need the extra support (unexpected illness,injury,loss of job,etc.) then you have to go back to the courts and NCP may not be so agreeable to increase support then you have the expense of modification. Anything you can agree on outside of court is in your best interest.

 I got custody of my BD age 5 on 12/1/2005 in Texas. I live in a different county and the county I reside in is a lot tuffer on deadbeat parents and rarely change custody. The current judge that is over our case is very unpredictable and flighty (every attorney I talked to prior to serving her said they dreaded going before him and if it was not in his court they would already be celebrating a victory). These are temporary orders because we filed for a temporary hearing to get it in court fast. BM mediated just prior to walking in to court. BM did not get an attorney and she thinks temporary orders means the whole thing is temporary. BM has to get off a safety plan with CPS before she can even be unsupervised with her children (hopefully it will take a while). She lost custody of 3 children with 3 fathers.
 I am the only father BM has fought. She voluntarily gave the other children up but I had to retain an attorney and serve her (I am also the only father that has ever paid child support). She thinks as soon as CPS clears her she will be able to get BD back so I expect to be back in court for final hearing eventually. I am not ever going to file for final hearing because everything is in my favor now and she will have to come up with the money for an attorney or represent herself.

 #1. If BD resides with me at least 6 months before final hearing is set can I get a change of venue for final hearing due to child residing in different county for at least 6 months?

 #2. If we have to go back for final hearing is she then in the position to prove it is in the best interest of the child to change custody and not just prove she is off the drugs and stable again (not the first time CPS has taken her children)?

I am not sure. You know more than I do. We are in Texas and we went to mediation (not in court). All parties agreed to a plan and it was put in writting. Both attorneys, myself, BF, and mediator signed the agreement. I have a copy of it. The BF attorney was supposed to type up the orders and send them to my attorney with her and BF signatures so my attorney and myself could sign them and send them to the judge. The other attorney has not done this so my attorney finally prepared the orders and we signed and sent them to his attorney. They have not done anything with them. The state said they cant garnish using the mediation papers because the judge has not signed them. Nothing was presented in court because we werent at court we were at a mediation center. Now I am stuck. I have done everything we agreed on and he has done nothing.
1. can I report his attorney to anyone for deceptive practice or anything else?
2. can I get this to the judge somehow?

It isnt the judge that is refusing to sign the orders it is the BF and his attorney. They have had one excuse after another. I believe it is intentional to keep the BF from having to pay this (at least on his part). His attorney is always to busy or cant get the BF to come in and read them. I am wondering how to get it to the judge since it was a mediation agreement. The judge read over the agreement and approved it I just need the orders signed so they can get to the judges desk. The judge has not turned against me and he told the BF if he saw him one more time for this he would throw him in jail since it is his third contempt in less than 3 years. My attorney notified me today that the BF attorney is now claiming she hasnt had a chance to read them (after 6 and a half months).
  1. How can I get this resolved?
  2. Can I write to the judge or would that be biased if he read it?
  3. Is there anyone to make a complaint to?
  4. Can I just tell my attorney to set a court date and they will either sign them before then or the judge can handle the matter?

I went to mediation with my ex husband in May 2005 to modify his visitation. We mediated and did not need to set a court date. At the time we mediated he owed 5,000.00 in medical support and had never carried insurance. I agreed to drop the arrearages to 3,000.00 to be paid at 75.00 per month if he would agree to pay 100.00 per month in medical support and I would carry the insurance and pay all medical expenses (this is a special needs child). He was to begin paying the 175.00 per month on June 1, 2005. This was the second time I had to go after him on medical/child support in less than two years.
  It is now December and he has not paid anything we agreed on. His attorney has not signed the orders or had him sign them and sent them to the judge. Obviously this is to his advantage and his attorney is well aware of what she is doing. My attorney has attempted numerous times to get the orders signed and sent to the judge without success. The state is telling me without the actual orders they cant garnish his wages (even though I have the mediation papers with everyones signatures).


1. What can I do to get the orders signed?

 2. Can I request we go before the Judge since they have been deceptive?

3. Can he be in contempt again on current medical support since he hasnt been paying what we agreed to or following the old orders?

4. How can I get the state to start garnishing his wages since I have the signed mediation paperwork?

Just wanted to let you know I did win custody and BM got supervised visits with 6 year old child. BM also lost custody of another child last week to his BF with supervised visits.

I am not sure. You know more than I do. We are in Texas and we went to mediation (not in court). All parties agreed to a plan and it was put in writting. Both attorneys, myself, BF, and mediator signed the agreement. I have a copy of it. The BF attorney was supposed to type up the orders and send them to my attorney with her and BF signatures so my attorney and myself could sign them and send them to the judge. The other attorney has not done this so my attorney finally prepared the orders and we signed and sent them to his attorney. They have not done anything with them. The state said they cant garnish using the mediation papers because the judge has not signed them. Nothing was presented in court because we werent at court we were at a mediation center. Now I am stuck. I have done everything we agreed on and he has done nothing.
1. can I report his attorney to anyone for deceptive practice or anything else?
2. can I get this to the judge somehow?

It isnt the judge that is refusing to sign the orders it is the BF and his attorney. They have had one excuse after another. I believe it is intentional to keep the BF from having to pay this (at least on his part). His attorney is always to busy or cant get the BF to come in and read them. I am wondering how to get it to the judge since it was a mediation agreement. The judge read over the agreement and approved it I just need the orders signed so they can get to the judges desk. The judge has not turned against me and he told the BF if he saw him one more time for this he would throw him in jail since it is his third contempt in less than 3 years. My attorney notified me today that the BF attorney is now claiming she hasnt had a chance to read them (after 6 and a half months).
  1. How can I get this resolved?
  2. Can I write to the judge or would that be biased if he read it?
  3. Is there anyone to make a complaint to?
  4. Can I just tell my attorney to set a court date and they will either sign them before then or the judge can handle the matter?

I went to mediation with my ex husband in May 2005 to modify his visitation. We mediated and did not need to set a court date. At the time we mediated he owed 5,000.00 in medical support and had never carried insurance. I agreed to drop the arrearages to 3,000.00 to be paid at 75.00 per month if he would agree to pay 100.00 per month in medical support and I would carry the insurance and pay all medical expenses (this is a special needs child). He was to begin paying the 175.00 per month on June 1, 2005. This was the second time I had to go after him on medical/child support in less than two years.
  It is now December and he has not paid anything we agreed on. His attorney has not signed the orders or had him sign them and sent them to the judge. Obviously this is to his advantage and his attorney is well aware of what she is doing. My attorney has attempted numerous times to get the orders signed and sent to the judge without success. The state is telling me without the actual orders they cant garnish his wages (even though I have the mediation papers with everyones signatures).


1. What can I do to get the orders signed?

 2. Can I request we go before the Judge since they have been deceptive?

3. Can he be in contempt again on current medical support since he hasnt been paying what we agreed to or following the old orders?

4. How can I get the state to start garnishing his wages since I have the signed mediation paperwork?

Just wanted to let you know I did win custody and BM got supervised visits with 6 year old child. BM also lost custody of another child last week to his BF with supervised visits.