Motion to Transfer and CS Review

[lovemykid]

I live in Texas

I was served with a motion to transfer. Divorce was in county A and now ex and dd live in county B. So either ex or the county initiated the motion to transfer. I don't really care if it is moved from one county to the other, but the way that the motion reads, makes it sound like if I don't contest then I just don't care about anything.

It says" If you or your attorney do not file a written answer with the clerk who issued this citiation a default judgement may be taken against you.

This sounds kind of harsh.

1. What does this mean?

That if I don't contest then they will automaticaly trasfer from county A to county B?

Also I'm not sure if it is my ex or the state that is asking for the review for Child support but this is also in my citiation. The OAG wants me to send in all of the documents.

2. Don't have a problem with that, but should I hire an attorney? What benifit would it have?

3. Would my attorney send in the documents and keep in contact with the AGO while they are computing the new CS amount, or would he just go to court with me.

I don't even know what happens when the re-do the CS. I assume that you send in your documentation, OAG computes the info, sets a court date and that's where you either accept or fight?

Thanks in advance

[socrateaser]

>1. What does this mean?

It means that if you don't challenge the change of venue, then venue may be changed -- or it may not, it's up to the court.

>Also I'm not sure if it is my ex or the state that is asking
>for the review for Child support but this is also in my
>citiation. The OAG wants me to send in all of the documents.

The court won't grant a change of venue just "because." If the order demands production of your financials, then this is a modification of support.

>
>2. Don't have a problem with that, but should I hire an
>attorney? What benifit would it have?

If you have no grounds to challenge the guideline support figure, and no other issues, then it would probably have no benefit. However, be aware that the State has no particular duty to protect your interests in this matter, so if they inflate your support obligation, you may never even know it happened.

>
>3. Would my attorney send in the documents and keep in contact
>with the AGO while they are computing the new CS amount, or
>would he just go to court with me.

Your attorney will do whatever you want -- he/she can check the numbers, although attorneys generally suck at math, but that's a different story.

>
>I don't even know what happens when the re-do the CS. I assume
>that you send in your documentation, OAG computes the info,
>sets a court date and that's where you either accept or
>fight?

Well, generally litigants start fighting long before they get to court, but you've got the general idea.

[patton]

Just my thoughts and I've been down this road and live in Texas and deal with the OAG office here.

1. I'll address the motion to transfer first:
(b) If a suit to modify or a motion to enforce a order is filed in the court having continuing, exclusive jurisdiction of a suit, on the timely motion of a party the court shall transfer the proceeding to another county in this state if the child has resided in the other county for six months or longer.
(c) If a suit to modify or a motion to enforce an order is pending at the time a subsequent suit to modify or a motion to enforce is filed, the court may transfer the proceeding as provided by Subsection (b) only if the court could have transferred the proceeding at the time the first motion or suit was filed.

So if your ex has primary custody of the child and has lived in that other county 6 months or longer it should be a Mandatory transfer.  I have just filed one myself and should hear something back shortly if it has transferred or not.

2. Now the Child Support modification is a different issue.  If you only have (1) one child in Texas it's 20% of your income.  Other issues concerning review of child support or the following:
(1) 3 years must have passed since the child support was set or reviewed  OR
(2) you are making at least 100 dollars more per month that when the child support was set.  

Here'd the link to the Texas Family Code, you may want to check out the sections that you need the information on.

http://www.capitol.state.tx.us/statutes/fatoc.html

And a word to the wise the Texas AG office will do NOTHING for you, they are OUT for the MONEY, so be on guard.  They care nothing for you or your spouse or your child, they want those federal funds they receive by collecting the child support.

[socrateaser]

My point is, that mandatory or not, no one just files a motion to transfer a case to a different county, unless there's something else in the works.  And, the obvious reason is that a support mod either is already filed, or will be filed, as soon as the State obtains discovery of the poster's financials.