You are here

Legal Advice For Altering The Agreement

Jodee's picture

My sd is most likely not going back East to be with her mother after the summer. My ex needs to alter his agreement to have her now pay for child support, expenses, and transportation for visitation. The kicker is that she is presently unemployed. He is saying that he doesn't need an attorney? I suggest that he does? Please advise- and by the way, can anyone recommend an attorney in Dallas who's fees aren't outrageous?

Comments

livinthedream's picture

Filing court paperwork on an existing divorce case on your own is called pro se. At the courthouse they will give you the paperwork & you just fill it out. Best to have your docket number handy. Usually its free or minimal charge

Sia's picture

go at that w/out an attorney! I did DH's cas mostly by myself in GA (we lived in KY) and it was a nightmare!

Sia's picture

I forgot this...I learned this in fighting for DH.....you have to file a modification in the state where the child has resided for the past 6 mos. If BM lived in your state for the past 6 mos, then you can file in your state (meaning if she just moved there). If not, you will have to find an attorney in that state. If BM fights you, be ready for a long drawn out and very EXPENSIVE legal battle! If BM is cooperative, maybe she can have her attorney draw up the papers and have DH's atty look them over BEFORE you sign anything! Also, I have never seen a state care whether a non-custodial parent is umemployed. They will base her CS on either minimum wage or on what she had been making in the previous 5 yrs of employment if it was over minimum wage! GOOD LUCK!

Stick's picture

DH and I are going through something a little similar.

DH and BM went through mediation for their divorce 3 years ago. A year ago, SD came to live with us, so the situations agreed upon in the mediation have drastically changed. Her living with us has affected both Dh and my work, as we travel for a living and now must alternate projects. We are taking a big hit financially. BM doesn't pay child support, or health insurance, etc. So we want to get that modified.

DH and BM went back to the arbitrator to work out some details. Arbitrator told DH that if they could agree on the specifics DH could file the paperwork with the court himself as a "Modification to the Divorce Decree".

I called the court and yes, he can file, but it has to be notarized and he also has to file a Petition to the Court, which is being sent to us today.

DH sent the Arbitrator the document BM and he have agreed on and just asked the Arbitrator to please file it with the court. The Arbitrator can file for Bm and DH but it will cost us $90 - $1500! It seems that the judge that heard the original divorce on the bench is no longer there so now it has to be attached and brought out again? UGH!! IT SUCKS!

In our case, I'd feel much more comfortable sucking it up and having BM and DH split the $1500 to make sure the modification is done right. I'm worried that if we miss something by doing it ourselves and BM decides to flake off we'll get nothing and have no legal recourse because we didn't do it right the first time.

Good luck. Please don't back down on your DH getting a lawyer, as there are so many legal loopholes out there.

Jodee's picture

Appreciate it!

I since have found out that Mom doesn't want SD because she has been in jail twice. She also threatened to harm me so she could come to Texas. I didn't know this until I read her counseling papers. My husband thinks it's funny that I would take this seriously. What a mess. I never dreamed all this would come with the deal. Now, do you alos know a good family counselor in DFW?