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Texas dad needs advice for son in Indiana

Started by texdad, Jan 27, 2009, 10:05:34 PM

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texdad

I need some advice on how to go about finding a good, credible and affordable father's rights attorney to represent me in Indiana (I am residing in Texas).   I would also like to know if it's feasible for me to represent myself in court?
My ex (girlfriend of 7 years... we never married) and I verbally agreed upon child support payments and visitation without any court order for the first two years after SHE left ME and I subsequently moved back to Texas, my homestate.
Her most recent live-in boyfriend talked her into getting a court order for more child support.   At the time, I could not afford to retain an attorney, much less travel to Indiana to appear in court (as all this occurred around the time I paid for a round trip ticket for my son to visit last summer).  Long story short, since I did not appear in court, the ordered support is ridiculously high for an 8 year old boy, and I flat cannot afford it.  My ex agreed that she would accept a lower amount (off the record), and I did get her to put it in writing.  The problem is, she has her thumb on me because she can, at any time, tell the court that I'm not paying what was ordered.  I have been faithful with the agreed upon payments -- I am a responsible father.  But I cannot live with her holding this "power" over my head.  I can prove my responsibility easily.  How do I find the best attorney to help me (without paying a $75 or more fee for a list off of some random website), or find out if I can represent myself and not spend a fortune in attorney fees? 

ocean

You are right that according to the state you are responsible for it. You can call the court and see if you can fill out paperwork and BOTH of you sign it notorized and get it before a judge. If not, then you can file to modify child support with the reason that both parents agreed to another amount for XX amount of time. Depending on how your ex feels that day, she can say she wants that amount or not. You really need to get this straightened out because the state will take away your license and tax refunds.

Child support is by the numbers only. Look up your state and see if what is ordered is correct. In my state is is 17% for one child of your salary. You may be able to get credit if you pay medical or travel costs to see the child.
Good luck!

Aleeann

I am confused? Do you pay cs directly to her? Is it not going through the state? You can represent ur self here. Have you ran the Indiana Child Support Calculator? What about visitation and ins. Both are credits? You will need these CS and Visitation forms when/if u file. You will have to serve her (or her attorney) and/or CSE if she went through them.

I would want it to go through the state, as you said she can claim at anytime ur not paying.

Davy

As a Texas Dad with an illegal Illinois case I discovered that Illinois had a free referral service thru the State Bar and ended up retaining 2 attorneys (different jurisdictions).  It was scary but by the time I was doing this I knew the mind set of an authentic FR advocate (I was one) and interviewed accordingly over the the phone. 

Case was complex and I don't know if I was lucky or my kids were blessed but both attorneys kicked serious $ss and were reasonably priced.  One I never met personally and the other I visited for approx. 20 minutes some time in the middle of the proceedings.

I did some simple pro se' actions in Texas but would never attempted same in an out-of-state court.   However, CS litigation should be pretty much routine and defined and should be doable... I never messed with it because .......................................................

I knew she would never pay (she made as much as I did) and no court would ever make a mother pay. 

Good Luck !!