Child Support Modification, Texas vs Indiana

Previous | Next
 rated by 0 users
Latest post Tue, Apr 19 2016 11:23 AM by Drew. 9 replies.
  • Tue, Apr 19 2016 5:54 AM

    • Josoami
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Oct 6 2003
    • Posts 70

    Child Support Modification, Texas vs Indiana

    A good friend of mine moved with her husband from Indiana to Texas,  years ago.  They lived here in Texas for several years, began a family here, had careers here.  More recently, the family broke up and the wife/mom moved back to her hometown in Indiana.  She was required to hire a Texas attorney to represent her interest in the ensuing divorce/child custody-support event. 

    Now they've been divorced for several months; her husband, still here in Texas, lost his job.  He immediately hired an attorney to pursue a child support reduction, based on his unemployment. 

    The question she has is, can she hire an Indiana attorney to represent her interests, or will she once again be required to hire a Texas attorney?

    I appreciate your replies. 

  • Tue, Apr 19 2016 6:35 AM In reply to

    Re: Child Support Modification, Texas vs Indiana

    The case is and will remain in TX, so it would make no sense to hire an attorney in IN. 

  • Tue, Apr 19 2016 6:53 AM In reply to

    • Josoami
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Oct 6 2003
    • Posts 70

    Re: Child Support Modification, Texas vs Indiana

    Thanks Jamye.  I appreciate your reply.  I guess the only "sense" it would make, is that it is a significant inconvenience to hire a Texas attorney from Indiana - and an expense if it requires travel - and so it would be in the ex-wife's best interest to be able to interview local Indiana attorneys, rather than trying to find someone she trusts, remotely.

    She had a Texas attorney for the original divorce/child custody proceedings, but she is completely dissatisfied with the entire firm, will not consider hiring them for anything further.  Interestingly, she felt that part of the reason she was given such poor service, was that she was not able to go into their office for personal meetings. 

    What she really needs to know is, if she CAN legally hire an Indiana attorney to represent her.

    Thanks again. 

  • Tue, Apr 19 2016 7:25 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,432

    Re: Child Support Modification, Texas vs Indiana

    Yes.  If the Indiana attorney is admitted to practice in Texas and she is willing to pay for his travel to and from Texas for hearings as well as her own travel expenses if she needs to attend.

  • Tue, Apr 19 2016 7:35 AM In reply to

    Re: Child Support Modification, Texas vs Indiana

    Josoami:
    What she really needs to know is, if she CAN legally hire an Indiana attorney to represent her.

    Attorney licenses are controlled at the state level.  She would need a lawyer who is licensed to practice in Texas.  I have no idea whether there are any Indiana family-law attorneys who are also licensed in Texas.

    But has she explored signing up for the services of the Texas Attorney General's Child Support Division?  It only costs $25 a year, and since they say they go to court to establish and modify child-support orders, it seems likely that they would also go to court on behalf of the custodial parent if and when the noncustodial parent sues for a modification.  She should ask them to make sure, of course.

  • Tue, Apr 19 2016 7:55 AM In reply to

    • Josoami
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Oct 6 2003
    • Posts 70

    Re: Child Support Modification, Texas vs Indiana

    Thank you very much, DOCAR! 

  • Tue, Apr 19 2016 7:56 AM In reply to

    • Josoami
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Oct 6 2003
    • Posts 70

    Re: Child Support Modification, Texas vs Indiana

    Excellent reply, Karen - thank you so much! 

  • Tue, Apr 19 2016 8:36 AM In reply to

    Re: Child Support Modification, Texas vs Indiana

    Since the case is (presumably) pending in Texas, she'll need a lawyer admitted to practice in Texas.

  • Tue, Apr 19 2016 8:45 AM In reply to

    Re: Child Support Modification, Texas vs Indiana

    Josoami:
    I guess the only "sense" it would make, is that it is a significant inconvenience to hire a Texas attorney from Indiana - and an expense if it requires travel - and so it would be in the ex-wife's best interest to be able to interview local Indiana attorneys, rather than trying to find someone she trusts, remotely.

    First of all, it's not all that difficult to hire a lawyer in another state, so "significant inconvenience" is quite an overstatement.  As far as travel, the case is in Texas, so that's the reason why travel might be needed.  It has nothing to do with where she hires a lawyer.  Moreover, even if your friend could find an attorney in Indiana who happens to be admitted to practice in Texas, she would have to pay for the attorney to travel to Texas for any court hearings or depositions, and I can assure you that will be a LOT more expensive than traveling herself.  In any event, any inconvenience or additional expense is of your friend's own creation since she's the one who chose to move.

     

    Josoami:
    Interestingly, she felt that part of the reason she was given such poor service, was that she was not able to go into their office for personal meetings.

    Again, and whether or not her feelings about this were justified, she created this situation by moving.

     

    Josoami:
    What she really needs to know is, if she CAN legally hire an Indiana attorney to represent her.

    She can legally hire anyone she likes, but only an attorney admitted to practice in Texas may represent her in a case pending in Texas.  Not surprisingly, most attorneys admitted to practice in Texas are located in Texas.

    While it's not inconceivable that a handful of lawyers exist who are located in Indiana and admitted to practice in Texas, I expect that the number of such attorneys could be counted on one or two hands.  And, as noted above, paying for the attorney to travel between Indiana and Texas will probably be more than twice as expensive as hiring an attorney who is local to the area where the case is pending and traveling herself for meetings.

    It's also worth pointing out that, even if she could find an attorney in Indiana who is admitted to practice in Texas, such an attorney probably would not REGULARLY practice in Texas and, since Texas is such a large state, almost cerainly would not practice regularly in the court where the case is pending.  Such an attorney would be at least at some disadvantage (and possibly a significant advantage) in a case against a local attorney.

  • Tue, Apr 19 2016 11:23 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,370

    Re: Child Support Modification, Texas vs Indiana

    Unless mom suspects that dad is deliberately unemployer or underemployed ...Im not sure what an attorney can do to alter the TXs CS marh ?     I'm not rulling  out that. Dad deliberately lost his job....not entirely rare 



Page 1 of 1 (10 items) | RSS

My Community

Community Membership New Users: Search Community