Sat 29 Jan, 2005 07:59 pm
My son has been living with me for nearly 2 years. I do not have the $$ to go to court in TX. to stop the child support deduction out of my paycheck. His mother doesn't' work, moves residents just about every 3 to 4 months and is unemployed. I want to file the necessary paperwork myself to have the child support stopped but since she has legal custody, I don't know how to do this.
You can represent yourself in court -- saving money from hiring a lawyer. Approach the judge with a request to get legal custody. Prove to the court that you are more responsible then your son's mother -- and a more capable parent; a better role model, etc.
I would never go to court for custody without a lawyer, but I'm certain that you can find legal aid in your area where you don't have to pay for the lawyer if you're not financially able.
Call your local Legal Bar Association and they will direct you. If Your son has been living with you for 2 years and you've been paying out support to the mother, then you get that all back as back child support. I would do this ASAP.
Good luck to you.
Kyle is not a lawyer--he is a high school student.
Montana is absolutely right about a lawyer being needed. After all, you can pay the lawyer with what you save in child support.
We have lawyers on this forum--I suggest you wait for one of them.
Meanwhile, what state do you live in? How old is the child in question? Why is the child now living with you?
An old and revered saying in legal circles is : "One who represents one's self has a fool for a client". Think about it.
Kyle is quite right, however, in saying that, under the law, you are only entitled to representation, not required to seek it when approaching the courts. If there is a Legal Aid Society in your locality (use the phone book), they will provide you with free advice. It's ridiculous that you should be paying "child support" to a woman who is not even residing with, let alone caring for, the child.
: I concur with Montana, Noddy, Timberlandko
, and Merry Andrew
: although you certainly have the right to represent yourself in court, I would strongly urge you not to do that. I'm a lawyer, yet I would never represent myself in a family law matter. There is legal aid available to people in your situation. You might want to start at this gateway
Your are right about this, though, trying - child support goes where ever the court has ordered, regardless of with whom the child is living. I personally know of two people in the same situation who made the wrong assumption, and paid for their ignorance.