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Rob V. Robertson, Attorney and Counselor at Law

Rob V. Robertson, Attorney and Counselor at Law, Private practice, 1984-present, with practice devoted primarily to divorce, custody, child support issues, adoptions, probate and wills, business law, general civil and criminal matters.

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#223056 - 07/31/09 04:17 PM Child w/Austism & Divorce
qtee_n_tx Offline
New User

Registered: 07/30/09
Posts: 3
I have a 10year old son that was diagnosed with Autism at 3 years old. I’ve filed for divorce in 6/30/09; I had to wait 30 days for my X to possibly appeal. He appealed because I did request additional child support for my son due to him never being able to live on his (I did have documentation from his doctor) and substantial care and supervision (he’s non verbal). I did request the house due to the fact he’s already established in the school system and after school care. My question is: do you think he has a leg to stand on (my X)? My lawyer did advise me to make an expense list, which I’m currently working on. I advised my lawyer that child care is my biggest bill by me working full time. My attorney states I need more than just child care to make this work.

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#223070 - 07/31/09 07:56 PM Re: Child w/Austism & Divorce [Re: qtee_n_tx]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
In my state, you would not get anymore child support, but instead a nearly unlimited supply of funds for services from the state. In some cases, if you continue to care for the child after they are 18, support can be extended. Are you a high earner, thus don't qualify for services?

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#223071 - 07/31/09 10:02 PM Re: Child w/Austism & Divorce [Re: qtee_n_tx]
BeaverFever Offline
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Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
So your STBX doesn't want custody?

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#223075 - 07/31/09 11:06 PM Re: Child w/Austism & Divorce [Re: BeaverFever]
qtee_n_tx Offline
New User

Registered: 07/30/09
Posts: 3
No just his visitation thats it.

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#223076 - 07/31/09 11:10 PM Re: Child w/Austism & Divorce [Re: qtee_n_tx]
qtee_n_tx Offline
New User

Registered: 07/30/09
Posts: 3
Nope he makes more than me, the judged signed off on the decree before but STBX wasnt there he signed waiver.

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#223115 - 08/02/09 12:23 PM Re: Child w/Austism & Divorce [Re: qtee_n_tx]
BeaverFever Offline
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Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
I'm confused. If the decree is signed, then there is nothing left to negotiate. You're divorced, and the terms are whatever they are. If you aren't divorced, then you're under temporary orders, and there is a lot left to fight about. Your husband hasn't necessarily ceded custody.

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