Need Some Advise - Rowlett,TX

When I visited the child support office, I was given a card for a access and visitation hotline. It is a group of attorneys that give free advise. They will not represent you but maybe able to help you decide what to do. The number is 1-866-292-4636. I hope this helps.

You need to weigh the pros and cons in this situation. When you appeal for custody and sue for divorce EVERYTHING gets split, that includes debt. Make a list of assets and debts and see what you will be able to handle at this point. Unfortunately, you can't do much about making him stick to a visitation schedule. My ex was very flaky at first about it and the kids took it out on me. They're old enough now to know what their dad was doing.

P.
I just came from a Child support review hearing last week and let me tell you what the law says. You are entitled to 20% of his income if he is not supporting other kids. Do the math. If taking him to court will be in your favor, than do it. Plus, if you do it that way, you don't have the issue of I gave you this and I did that for her from your daughter's father....
Anything given to you or purchased for her outside of the court ordered child support would be considered a gift. I understand he may take the car back, but you may get enough to afford a new car and still have money remaining. And if you use the CS to pay for the car, it's ok - that is still a means of providing for your daughter. You can use the money haowever you see fit - household bills, dance/gymnastics, vacations, etc - it's your choice. You 2 will have the chance to work out an agreement and if you can't agree then you will have to go to court. He will have to pay all those fees. If you agree on the orders at your hearing, it's done and the payments start immediately - within 2 weeks.
Good luck.

I have to agree with all the other women that have responded. Get an attorney ASAP. If you dont know of one, I can suggest one that I used and she is located in Fort Worth.
Regarding your husbands lack of involvement with your child, I feel your pain! It's VERY frustrating. It's not about wanting or having time for yourself, but more about the father/child relationship. Whatever you do, don't talk badly about him to your daughter. It will likely back fire on you. If he doesnt get his act together, she will soon learn it herself.
Best of luck to you!

There are legalities with the car since it was purchased while you were married it would be viewed as community property. Unfortunately you're in the state of Texas and they don't require the other parent to help with child care. I was divorced in California and it definitely benefited my support. If you took him to court, I think you'd get the car, but you might also get the car payment.... a car payment CANNOT be used as child support. My ex husband made the car payment as part of our divorce paperwork - then he tried to say he'd pay more in child support if he no longer made the car payment - the judge said he couldn't do that - he would still make the car payment AND pay more child support. The state of Texas does not look at the percentage of time each parent spends with the child. They simply give a percentage of what he makes and THAT'S IT! It may be to your benefit to get an attorney experienced in this. Every state is different on how it handles child support and custody. You may even qualify financially for the DA to handle your divorce and child support issues. Definitely look into that!

You two are only seperated. After 14 months of seperation it's time to make a decision about your life. If you aren't going to continue with the marriage maybe it's time to think about divorce and making everything legal including how much your husband has to pay in child support and what his visitation rights are as well as your own. It's better to be in conroll of your own life rather than have someone controlling you by threating to take the car. There are plenty of places to get help if you need it to help you with your credit or establising yourself as independent of your husband. If he doesn't have a consistent schedule each week because of his job that's just part of the deal. Try to make things as easy on your child as possible but also protect your own health and well being and do not allow yourself to be jerked around! You will feel so much better if you are in charge of your own life including your car payment!

Ok so U want more money..U have a car that he is paying for plus insurance. An he also pays daycare. Even if it is every other week. I'm lost so U take him to court get more money. Then wat ur life will be easier. No cause U'll have a car note. An that is right where ur child support will be going. I'm lost on wat U can't take him not spendin time with his child. My son is 10 will be 11 in may. I get NO child support an he is court ordered. WE moved here (tx) an he still didn't seem to care U can't make someone do somthing they don't want too. Yes it hurts but U have to take care of ur daughter an thats all tha matters makin him pay more money is not goin to make him a father. Or make U happier in the long run.

I've been divorced with kids and if you haven't done so I would suggest that you call an attorney ASAP for advice. There are laws to protect you and your daughter's rights. Hope this helps! Take care of yourself! L.

I would talk to an attorney quickly. Since you use that car to get back and forth to work to be able to support your daughter and yourself, I doubt that a judge would allow your husband to take the car away from you. Another point to consider is that the car was bought within the marriage (regardless of the fact that yall are separated - unless separation papers were filed prior to the car being purchased) which makes it "yall's" car. I would suggest that you file the separation papers, if you have not already done so, because any debt he incurs is also "yall's" debt. Visitation can be set up when the paperwork is filed and temporary child support and visitation orders will also be established.

Another thing that you might be able to do is see about a loan yourself and get that car in your name. If it is a used car from a lot other than a dealership, you may even be able to talk to them and they may be able to get you financing (they have MANY resources we don't have). I know that Credit Auto (or something like that off McCart in Fort Worth can get anyone financed - they are part of Neal Suzuki).

Right now you have given him the ball and you need to take it back and quit letting him call all the shots. You need to do this for yourself as much as for your daughter.

Hope this helps at least somewhat.

GO to court! Chances are good that you'll get to keep the car anyway. He can't hold you hostage like that. Meanwhile, try to "spin" his inconsistencies when you talk to your daughter about it. Maybe refer to days with him as "surprise" daddy days or something. Disruptions in routine make kids this age feel insecure. You're the person that can provide secure consistency for her. She needs to feel certain that whatever happens, you're there for her, and you'll happily pick her up if he doesn't (rather than grumbling about how he flaked out again, etc.).

P.:
I am a family law attorney located in Addison. It appears that you have received alot of advise thus far, some fairly accurate, others WAY off. Your child support would be 20% of his net income, if he has no other children he is supporting as well. In addition, there are MANY other factors the Court will consider in determining support orders. Also, depending on the length of your marriage, his education level, your education level, and many other factors, you may qualify for spousal support for a limited amount of time-- until you are able to "get on your feet" so to speak.
Please feel free to call me if you would like to discuss the facts of your particular case further. My office number is: ###-###-####; my email is: ____@____.com

Get to an attorney quickly.
I don't think he can take the car either... HALF is yours anyway.
So, please talk to someone.
Good luck!

I am a social worker and I deal with situations like this all the time. More than likely, you will not get any more child support than that you are receiving now. Unless the man is making big bucks then the Judge will change it. You are mighty fortunate to get what you are receiving now. Most of time it is about 300.00 per child or less unless he is pulling in over $100, 000. If he hasn't made an effort by now, it is unlikely that he wants to committ to seeing his baby girl. It appears that he is placing his needs above his daughter. It is time for you to move on. I am not saying divorce but not to depend on your husband to support you totally or to take any more interest in his child. She is bonded to you and will get to the point of not wanting to be with her dad. His loss and that is sad.
J.

Are the 2 of you trying to work things out and get back together, or is a divorce in the process? If not, then I suggest you get in touch with an attorney in order to keep you and your childs best interests intact. It seems to me he is still trying to control you. He doesn't want to be with you , but he is still controlling or calling the shots and making your life miserable. In the state of Texas there is a set amount that is payed for child support. Not to mention health insurance ect. With going to an attorney you can at least get visitation and child support figured out. When you talk to an attorney tell him what your husband is threatening. I hope this helps, hang in there.

Go to court. You and your daughter deserve to know when her Dad is going to spend time with her- this includes holidays too. Plus, your relationship with him needs to be a healthy one for you and her. Feeling trapped is not healthy. Ultimately you will benefit. I've seen a friend go through this and for him it turned out he got more time with his son and his relationship with his son's Mom improved because expectations between them became realistic. Financially, you'll likely also receive more money then what you're getting now too. There is a set percent the court uses.

for one kid, you get 20% of his NET income. not GROSS income. NET income is after he's paid all his taxes and insurance for you daughter, but before stuff like 401k.

edited to add: Texas child support is NOT dependent on how much the two parents have the child. It's just a straight 20%, so even though you are doing 99.9% of the work and have her 99.9% of the time, it has no bearing on how much child support you get.

You get ZERO credit for day care, so it doesn't matter if you spend $100/mo or $1000/mo in day care, you are 100% responsible for it. He won't be forced to pay any of it.

SO.... you need to add up what he's paying you and compare that to what you would be getting under traditional Child Support guidelines. If you are getting more, I would probably not rock the boat and slowly save up for a car yourself, buy it, and then give his back. If you are getting LESS than the tradition guideline, then hire an attorney.

pretty simple math here in Texas when it comes to child support! :)

Yes! If this is not working out for you, you should take him to court. Can you afford your car alone? I would try to find a way to do this first. That way he has no hold over you. The only interest should be your daughter, try to let the car not play a role in this at all.

Good luck and keep us posted.