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