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  1. #1
    Join Date
    May 2008
    Posts
    11

    Default Payment Reduction in Exchange for the Name

    My question involves name change laws in the State of: Texas

    I went to court for my child support, visitation, etc. I feel as though I should have said something then, but failed to do so and really did not want to go along with what was decided on our child's last name. Our mediator asked what name was wanted for our child, the father replied with his last name and I didn't say anything at first in fear of argument. However; after a few minutes I asked the mediators if I could speak with the father privately. I told the father that I wanted to at least hyphenate our son's last name. The father said that he would allow for my last name to remain with an uderstanding that the child support would be lowered to $150.00, but for no other reason he wouldn't allow this. He wanted a payment reduction in exchange for the name. I didn't agree with this because accepting the $150.00 arrangement a month would mean my son's financial needs and well-being would not be met. The mediators returned and I explained that I really didn't want the father's last name as the last name and wanted it hyphenated; however, I didn't want to waste my time and energy on something that I knew the father would argue with me about. I feel I should have disclosed that the father was trying to bribe me in some manner and I regret it now. Maybe the judge would have sided with me or heard me on this. Is there anything that can be done now? I fear that it is too late. Thank you for your time in to looking into this.

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Payment Reduction in Exchange for the Name

    Has the name change already been ordered? If so, then no, there's nothing you can do. Judges are not into continually flip flopping something as vital as a child's name.

  3. #3
    Join Date
    May 2008
    Posts
    11

    Default Re: Payment Reduction in Exchange for the Name

    We went to court on June 26th and there is an order establishing the parent-child relationship--I'm guessing this is what you are referring to? I'm sorry, I'm not very savvy when it comes to these things. I know judges don't like to flip flop, but I never went in front of the judge, just mediators and I just want to know if I could pursue further action.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Payment Reduction in Exchange for the Name

    Was the mediator's report signed into a court order? If so, no.

  5. #5
    Join Date
    May 2008
    Posts
    11

    Default Re: Payment Reduction in Exchange for the Name

    Well, good news. My lawyer filed motion for new trial and I am set to go on July 29th. Now this means she will have an opening statement and question the father and I. There's no guarantee for a name change, but just having a motion for a new trial is good. My understanding is that the motion could have been denied if there was not a good reason for it. I don't want to take anything away from the father, I just want my last name included as well...bottom line hyphenated. I'll post the outcome.

  6. #6
    Join Date
    May 2008
    Posts
    11

    Default Re: Payment Reduction in Exchange for the Name

    Update: I finally went to court and this and some other matters regarding the baby’s father, myself, and our child have been settled. The judge ordered that my son’s name not be changed and it should remain as my last name, the child support was increased (since he did not disclose all of his income in the original hearing) this turns out to be about $150 extra a month. My son’s last name was mine and the original order stated to change it to the father’s; however, we had not done it yet. I was willing to hyphenate it, but he didn’t want to do it. The father has been inconsistent in our child’s life and hasn’t seen him for a few months until this past weekend (by his choice). He told me at our original hearing that our child could keep my last name if I would take a reduction in child support at $100.00 a month. How ridiculous is that! I only found out about the extra money because I was subponeaned to appear at a hearing with his ex-wife and at that time his ex-wife’s lawyer questioned him why he was untruthful in our hearing about his income (she was trying to show his bad character). He admitted to all of this in our hearing and I was surprised he didn’t argue. Justice does really work! Now I just want us to be amicable for our child’s sake and have him be active in his life.

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