Family Law anyone?

[DigiSLR]

Short background... I am divorced, my 10 year old son lives with his mother. My ex and I were granted joint custody, however, she is the parent of record for establishing domicile, and I pay her child support, automatically deducted from my paychecks on a bi-weekly basis.

My son wants to come live with me, and my ex is perfectly fine with that. It is her opinion that we can simply let him move in with me and continue on with no need to go to court. I disagree, however, because if I have custody of him, I will not be wanting to continue to pay child support to her. (I am not going to request child support FROM her, if I am not forced to.)

Is there a simple, and non expensive way for us to petition the court or change a cusdoy / support order if everyone is in agreement and there is no need to hire a lawyer and fight over the issue in court?

Thanks to anyone who may have been through this or has knows the answer.

ALso, is there any way the court can say NO, and force my son to stay with mom instead of moving in with me, even if we all chose to let him?

[JohnT]

Been there, done that (a few details were different though). Even if the two of you agree on everything, you would be better off hiring a lawyer to take care of the necessary paperwork so everything is in proper order. I realize it's an expense you'd rather not incur, but I can tell you that you want to make sure everything is spelled out for both your benefit and your ex-wife's benefit.

Edit: Regarding your last question... Unless the court deems you unfit or your son changes his mind, I don't see them saying "no" to the request if both you and the mother agree on the change of domicile.

HTH

[migrider56]

I did this about 12 years ago. Contact the court clerk that has jurisdiction and ask for assistance in obtaining the required forms / format verbage and filing fees. You might be able to get a sample to follow. Also talk with the judge that will hear the case. My ex had custody and I paid child support. Daughter wanted to live with me, ex had no problem. I got custody and no longer paid child support and I requested in the decree amendment that no child support was to be paid by me or to me. Both parties had to sign pettitions which were notarized. I paid the filing fees appeared for the hearing and it was approved as filed. The family code used to have the procedures and some forms.

[MikeyG1965]

Had a friend that went thru this. Ex-wife agreed to let son live with father, but she still wanted the child support as she had grown accustom with a different lifestyle with the extra money. :(

[epoh]

You should be able to at least consult with a lawyer for free.

[Mike G]

Originally Posted by MikeyG1965

Had a friend that went thru this. Ex-wife agreed to let son live with father, but she still wanted the child support as she had grown accustom with a different lifestyle with the extra money. :(

Please tell me the judge told her to pound sand and canceled the child support.

[LWimages]

I would suggest you consult with an attorney. It may cost anywhere between $40-$150 just for consultation alone, plus whatever fee if you choose to employ he/she.
But from what my 3 close friends had experienced, you won't need to continue to pay for child support if the child lives with you, and you can even request for child support.

It would also be best that you get your son to say that he wanted to live with you in recording. This is to protect you and get your case a slam dunk, in case the mother changed her mind and decided that the child shouldn't live with you. Of course, your place of residency and life style has to be deemed a fit environment for the child.

Get a cheap USB recorder, and just put it on your shirt pocket and ask him to say it. Texas state law says you can record a conversation between you and someone else as long as you are aware that the conversation is being recorded (meaning you're doing the recording) and you don't have to notify the other party of such action. This is also valid for a phone conversation.

EDIT: This is also valid if the child had chosen to live with someone else, other than either of you. Grand parents, for example. Truth of the matter is, it is all about finance. You will have more money since you won't pay any more child support, and you can get more money if you asked her to pay for child support.

[HeatherLou]

I used to work for a Social worker in DFW that offered a mediation service. What happened is that the couple would go in, hammer out the details of what THEY wanted to happen. I don't remember all the details of how that happened, and usually lawyers were involved anyway, but that may be an option. Here is a link to the social worker I used to work for.
http://www.childreninthemiddle.com/mediation.htm

[MikeyG1965]

Originally Posted by Mike G

Please tell me the judge told her to pound sand and canceled the child support.

I think he told me there was a roar of laughter in the courtroom.

No...the child support stopped and she had to cut expenses. I think her boyfriend had to go get a job too.

[Mike G]

And justice is served

[DigiSLR]

That's the difference between Child Support and Alimony.

Originally Posted by MikeyG1965

I think he told me there was a roar of laughter in the courtroom.

No...the child support stopped and she had to cut expenses. I think her boyfriend had to go get a job too.

[DigiSLR]

Thanks for all the feedback. I am beginning to research my options. The good thing is that we are both in agreement and ther is no fighting on the matter. If or when my son moves in with me I won't ask for child support from her, I just want to stop paying her the support if I have my son residsing with me. The extra income I'll gain from being able to file income tax as head of household and gain an extra dependent will help out as well.

Thank you for all the advice!