Child Support Nighmare in Texas

[Chadoken]

My question involves child support in the State of: Texas

My question involves child support in the State of: Texas.

I am 55 year old male with heart disease and vascular disease that has left me disabled. I am currently receiving $600.00 per month VA disability as my sole source of income. My daughter is now 11 years old.

In the original divorce decree ( child was about 2 years old ) we finally agreed upon Joint Managing Conservatorship, I was to pay $250 per month CS and my ex was to pay "all day care expenses". This was a wash financially as daycare cost about 250. Visitation time was split 50/50.

Of course the ex pulled her out of daycare after a year which meant that I had no daycare available unless I paid for it (regardless of the decree) Of course the CS continued.

Then I had a heart attack several stints and finally bypass surgery. I was hospitalized for 3 months. I couldn't work and lost my job. I was denied SSDI. Then I developed Periphial Vascular Disease ( blockage in my Aorta and legs) . I had another very major surgery called an aorta bifemoral bypass. Again hospitalized for several months and unable to work. Of course my CS got behind as I had little savings.

During this time my ex also gets very sick, both physically and mentally. She has Degenerative bone disease and bipolar disorder with severe depression. She is unable to take care of our daughter. She attempted suicide and has been in an out of and mental hospitals. So the child stayed with me and went to school where I live, even in my condition. Yet CS keept going and I keep getting behind. I raise a few chickens and try to build a few incubators to make money, but my brother has to subsidize me with free rent to make ends meet.

Finally my brother bails me out on the CS arrears to keep me out of jail and the AG works a deal at my request where CS is terminated for 1 year and the child lives with me.

Then last year I had to have another heart stint and due to complications develop a blood clot in my leg. I could not not take care of the child due to hospitalization . Grandma comes to the rescue. It is agreed that the child goes to live with grandma since my ex is emotionally and physically incapable of taking care of her. WE all signed an agreement that gives grandma temporary guardianship until such time that I am back on my feet.

The year expires on the AG deal and few months lapse, A warrant was issued for my arrest. I was pulled out of my house today and hauled to jail.

The child has not lived with my ex for over 2 1/2 years. She takes all kinds of prescription painkillers. Oxycontent, hydorcodone, morphine, fentenel, etc. Along with xanax, and a host of antidepression meds. Suffice it to say she is a mess. She has driven her car with the child in it while taking these drugs. She attempted suicide over the last Christmas Holiday.

Now, grandma is her mother, not mine, Yet she agrees that the ex is incapable of taking care of the child. Originally the child was to complete the 2nd half of the previous school year with Grandma then return to me. But we decided it was in her best interest for her to finish elementary school 1 more year with Grandma. We did not think that switching schools a third or 4th time was in her best interest.

Now....The child wants to come live with me. She starts middle school next year. She does not want to live with her mother. She knows her mom is not well and the truth is, her and her mom have issues and don't get along well.
This is similar to her other daughter by a previous marriage who went to live with her dad when she was 13. Grandma is approaching 75 years old and may not be able do this much longer.

What can I do ?

I need to get CS stopped. I am no good to my daughter in jail. My ex hasn't kept the child in over 2 years. On $600 per month I am financially strapped and can barely pay the electric and buy food .... much less pay CS to someone who can't and doesn't take care of the child. I cannot afford an attorney on my disability income. And all the Attorney Generals office wants to do is bully money out of me that I don't have ..or jail me. They don't care that I am disabled and unable to pay CS. They don't care that the child has lived with me more than with her mom or that she now lives with her grandma. Just give money. Money Money Money ! Don't care where you get it. Don't care if your in the hospital with a heart attack. Don't care if you cant work ....... Just PAY or go to jail.

Any advise?

Texas is a "Lawyer Up" state. Meaning, unlike many other states where pro se litigation is actually encouraged to reduce costs to parents, In Texas it is discouraged and punished. However that may be my only option here.

I am thinking of filing a modification order to get primary custody. I will show my ex to be incompetent and a possible danger to the child due to her mental condition, narcotic drug dependency, suicide attempts ,etc I will ask to receive CS instead of give it. I believe grandma (her mom) will support me that my ex cannot take care of the child.

However I am worried that the court will see my request as retaliation for the CS stuff. It is not. This is real and I probably should have done something over a year ago. But I thought it might take my ex over the edge and cause her to flip out mentally. Seems she has already done that though.

Again, I am seeking sound advise here. Help !

Chadoken

[Mr. Knowitall]

If I were you I would bring a motion with the custody court to modify custody to you as primary custodian, to terminate your support and, possibly, to institute a support order against the mother.