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Hello, I again need help and advice on a court case. I ...

Sent to Legal Experts September 11 2007 at 4:15 PM
   

Hello, I again need help and advice on a court case. I served my ex wife with a citition to apear in court in Texas on Child support arears that I still owe her. I am asking the court to modify unfair payments because payments are putting me into poverty. My son is 24 years old now. She hired an attorney who will ask for large fees . The attorney General of Texas seem not to want to help her anymore. I need some advice please, my court date is this month and I am pro se

 

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September 11 2007 at 4:30 PM (6 minutes and 11 seconds later)
         
when I go to court this month, I will be alone. I can not afford an attorney. However my ex wife replyed from her citition that was served by me that she employed a private attorney. The attorney general of texas was always in the picture. but when I sued her my self to change the amount of payments because its very unfair, she has thsi lawyer send me a letter with all kind of warnings that I will lose and have to pay high attorney fees , just because I m trying to modify the order
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September 11 2007 at 4:35 PM (5 minutes and 11 seconds later)
         
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First, if arrears have been determined, you cannot go back and try to change them. There can be no retroactive modification of child support under federal law except back to the date that a mostion is filed. Since your child is 24, you cannot reduce arrears. You may be able to reduce the repayment schedule. That would depend on your income and your ability to pay.

I am sorry for your troubles.

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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state
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September 11 2007 at 4:46 PM (11 minutes and 7 seconds later)
         
I understand, thank you, my question is that I am unable to change the amount owed, but the payment now is putting me into poverty. that is why I am trying to modify the payments and the unfair interest owed. I can not pay this amout. I face losing my home, car and my job. will any Judge see this? Will they rather put me into the street or Jail? Is that the answer I face in Court. My ex wife hired an expensive lawyer, I face being broke. What will happen to me in court?
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September 11 2007 at 4:54 PM (8 minutes and 29 seconds later)
         
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September 11 2007 at 5:01 PM (6 minutes and 53 seconds later)
         
Thank you for your answer, yes I'am living in Hell because of this. Its been close to 20 years now. The attorney general of Texas was involved inforcing the order. But when I filed a modification, I know she called the attorney generals office, but they must of told her to hire a private attorney, do you feel this was the case? Since I'am Pro se and can not afford an attorney, will the Judge be more willing to help change the the payment, or just put me into poverty? in your experience what could happen and what should I do in court in this hearing??
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September 11 2007 at 5:09 PM (7 minutes and 25 seconds later)
         
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September 11 2007 at 5:22 PM (13 minutes and 27 seconds later)
         
again thank you, I'am sorry to keep you, but up till now the AG in Texas was involved or maybe still. They have made my life such hell the past 18 years. I do understand why there still inforcing this? years ago the case was closed, but reopened because the EX needed money. When I appear in court, will this be a chance to have the Judge set a reasonable payment and leave it the same, Or will the AG get back involved. Also will they appear in court with her attorney? again thank youy, I'am sorry to keep asking questions, but as you can see I'am scared
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September 11 2007 at 5:33 PM (10 minutes and 56 seconds later)
         
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September 11 2007 at 5:46 PM (12 minutes and 43 seconds later)
         
one finnal question, I beg you!!
what advise do you have on what I can say or do when I appear in court? I will prove to the Judge I can not pay the amount that is set 8 months ago. The Judgement was set back in November 2006. I answered the court that I wish to reschedule, but was ignored. So I was unable to show because I could not afford to appear in Texas since I live in Florida. I filed Pro Se to reduce the payments that taken out of my pay check. I recieve less that $300 sometimes because the court put $500 amouth because I was unable to appear back in November. I often can not affored Gas to drive to work. I am very close to losing everything, No Lie. PLEASE help me with some advice.
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September 11 2007 at 5:50 PM (4 minutes and 34 seconds later)
         
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September 12 2007 at 6:35 AM (12 hours and 44 minutes and 27 seconds later)
         
hello, yesterday I recieved some information on a case that I'am involved in. Presently I am involved in a Child support arears suit from my EX. My son is 24 years old and I have NEVER been in court since 1989 when we divorced. I was paying my support and then she got in AG's office in Texas involved when I lost my Job. ever since they have made my life living Hell, take my bank accounts, income tax and made me lose many Jobs.
Some years ago the case was closed, but reopened because the AG's office incougaged her. I was served back in November 2006 to appear in court. I answered the citition, and responded to the court and asked for a reschedule,due to the fact I was unable to afford to fly and make a trip to Texas because I live 1200 miles away. The court agnored me. She was given a VERY amount for me to pay monthly and its taken out of my pay check. There were many times I was not even given a Check at all, I was unpayed any money at work. I brorowed $400 from a friend an Hired a Legal internet service to help me file Pro Se papers to the court to ask for a Modification of payments.
I will try and ask the Judge to reduce the monthly payments or I face losing my job at the End of this month. I am unable to pay where I live or a car payment. There are times I was unable to buy food, no money in my bank account, this is a true. I work a Car salesman, we are not very busy, I make less that 25,ooo a year. I have a wife I need to support, she is unable to work.
My question is I know that I'am thought as the scum of the Earth because I was unable to Pay Child support over the years, its not because I did not want to, I was unable to. They ruinded 5 Jobs for me, The AG's Office, all employers find a way to get reed of you if your pay is low and you can not afford a way to work. Or recieve letters and Phon's calls from the AG's Office. Your labled as a Scum man. My poor Ex wife lives in one of the most expensive parts of North Houston, she Hired a very expensive lawyer. I am at a poverty level. I will be in court all by self this month in Texas as Pro Se, what can I do to fight off her lawyer who has warned me I will have to pay his Fees or face Jail, that was his warning to me in a letter he sent me. PLEASE HELP. I'am not a Bad man, I have not been able to see my Son in 15 years. The Debit just gets more and more and i'am now in very Poor health, unsure I will work at all, No lie
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September 12 2007 at 6:54 AM (19 minutes and 33 seconds later)
         
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September 12 2007 at 7:17 AM (22 minutes and 37 seconds later)
         
I guess My fustration is I'am unsure what will happen to me in Court, will they arreast me on the spot? Put me i Jail now that I'am in Texas ?
I have no Legal help when I go to court, will her lawyer win only because he is there and I'am alone, and not able to use law terms to trick the Judge. and I'am sure he will convience the Judge I'am a Dead beat. I'am so scared, I'am to old to face jail, and I'am truly in poor health. If jailed I will not make 1 day. They is the most nightmare any man could face. The US Goverment does less to people who commit worce crimes.
Sorry to keep crying about this, I though she would just leave me alone, I have nothing, Its beating a Dead horse.
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September 12 2007 at 7:20 AM (3 minutes and 23 seconds later)
         
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September 12 2007 at 7:26 AM (5 minutes and 36 seconds later)
         
I wanted to ask you a question about my wife, I have a wife from Asia, she arrived 6 months ago and she is unable to speak English enough to work. when I brough her here I sign papers with Immigration saying I will would be Financially responsibility for her. Can I use that also as a burden of Financial. Or will the Judge say sorry thats your problem, after all she depends on me for food and sheilter?
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September 12 2007 at 7:39 AM (13 minutes and 8 seconds later)
         
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September 12 2007 at 7:47 AM (7 minutes and 59 seconds later)
         
since I do not have any assets, no money in the Bank, I have 2 Mortages on my home 80/20 and the house is worth less than I owe, and I do not have the ability to pay $500 a month without being broke and losing everything, will the Judge ask me what I can afford? or will the Judge say It seems you can not afford anything without losing evrything you own, will the Judge just say its to bad get the money , I don't care how, work 10 Jobs if you have to, because you do not, Its Jail for you???   At that point, its better to just leave the country, start another life somewhere else, or should I contact a US congressman and let them see that it seems the Goverment is more wanting to distroy a man life for back debit he is unable to pay??? what would you do if you were me???
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September 12 2007 at 8:53 AM (1 hour and 5 minutes and 40 seconds later)
         
I'am very sorry to have asked you a stupid question, please forgive me
thank you for all your help
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September 15 2007 at 5:28 PM (3 days and 8 hours later)
         
Relist: I still need help.
Hi, Again, I'am sorry I did not push the excrpy button, I will do so.
This week comming I will be in court to try and Change my repayment schedule on back child support
arears. I want to ask another question, Is is legally possible to ask the Judge to consider reducing or stop the 12% interest that makes my Balance my high. can the back interest be changed?
I do not mind paying back arears, but the interest make it more than double what I owe. I will not live long enough in life to repay this debit the way the AG's office has put interest on this. Also can they force me to sell my home? put me on the street or just put a lean on it so when I do sell the can get there money? Can you suggest anything I could do in court that might help me? I alittle unsure what legal tacticks I could say or use. Please suggest something, I need help, I will except answer
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