Lexington, VA asked in Family Law and Child Support for Texas

Q: My other half (in va) got served with custody papers from his childrens mother who lives in Texas.

she had him served with c. support papers not custody and a TRO and now he cant speak to his daughters who he talks to nearly every day (one is 12 and the other is 6). Both children already get a check from ssdi and that amount will be going up since his oldest daughter ( from a previous relationship) is turning 18. He is medically retired from the military and does not work. The girls mother (lives in TX) did not disclose to her lawyer that she recently got a lump sum of about 18,000 per kid from his ssdi nor the fact that she gets a monthly check for them. Can the houston courts count the ssdi money as child support? and what should he do from here? will he need a lawyer in houston? i know it’s hard for fathers in the judicial system but this man actually tries and goes above and beyond for his kids. also, he has done nothing to get a restraining order. all contact has been from her end unless he cannot reach his daughter via thier cell phone. All advice is greatly appreciated!

Related Topics:
2 Lawyer Answers
Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Houston, TX
  • Licensed in Texas

A: He needs a lawyer and most tro do not stop parents from talking to their kids,

Rafee'a S. Majeed
Rafee'a S. Majeed
Answered
  • Dallas, TX
  • Licensed in Texas

A: I am unclear as to why he was also served with a Temporary Restraining Order (TRO). There should've been an affidavit include with the paperwork for the restraining order that explains what the allegations are for the TRO. When in Ex Parte TRO is obtain, a hearing must be set no more than 14 days out.

However, it sounds like Mother is seeking a modification of his child support obligation.

A Texas court can take into account the fact that the children are receiving SSDI benefits when calculating his child support obligation.

If he wants an attorney to represent him, he will need to get an attorney in Houston.

I hope this information helps. Good luck to you.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.