$460,000 Sneaker Business Income in Child Support Battle

Child custody and child support hearing. Here's a summary of the key points:

Case Overview:

Parties: The mother (Crystal Hooker) and father (Mr. Hernandez) of seven-year-old Eric Tyler Hernandez.
Issue: Child support, visitation, and possession schedule. The parents have been separated for over four years.
Mother's Request: Four years of retroactive child support (stipulating to $225/month for the first two years and $600/month for the last two years, totaling approximately $20,000 in arrears). Going forward, child support consistent with guidelines based on the father's estimated $156,000 annual income. She wants to maintain Medicaid coverage for Eric, and wants restricted visitation due to safety concerns. She proposes a specific visitation schedule with overnights only at the paternal grandparents' home.
Father's Request: A more standard visitation schedule. He claims he has been trying to be involved in Eric's life but has been hindered by the mother. He expresses safety concerns regarding his address being disclosed.
Key Evidence and Arguments:

Paternity: An Acknowledgement of Paternity was admitted into evidence.
Child Support: The mother claims minimal financial support from the father over the past four years (approximately $4,000-$5,000). The father's income is a point of contention; the court struggles to review the provided tax documents.
Visitation: The mother expresses significant safety concerns due to the father's undisclosed address, past criminal history involving narcotics, and inconsistent presence in Eric's life. She argues that the proposed restricted visitation schedule (primarily at the grandparents' home) ensures the child's safety and stability. The father desires a more standard visitation schedule.
Father's Character: The mother raises concerns about the father's reliability and inconsistent involvement in Eric's life, noting his failure to pick up Eric himself. The father claims this is due to the mother's actions.

Tax Documents: There was a significant delay and confusion regarding the submission and review of the father's tax documents (Form 1065 and Schedule K-1). The judge emphasized the importance of properly labeling and submitting such documents.
Safety Concerns: The mother's safety concerns regarding the father and the disclosure of addresses are a major theme.

The Father's Testimony (Mr. Hernandez): He desires a standard visitation schedule, claiming his past inconsistencies were due to the mother's actions. He states that he provides for his son's needs. However, he is evasive about his income, initially claiming low earnings while his tax returns show significantly higher income from his business, "The Vault." He struggles to clearly articulate his financial situation and expenses, giving inconsistent and often vague answers. He also exhibits some defensiveness and becomes argumentative with the attorney questioning him.

Financial Discrepancies: A major point of contention revolves around Mr. Hernandez's financial disclosure. While claiming modest income, his business tax returns reveal substantially higher earnings. The discrepancy in his claimed income versus his actual business income is highlighted.

Safety Concerns: The mother's safety concerns are a central theme. Her apprehension about the father's past drug involvement and his current location are key arguments in her case for a more controlled and structured visitation plan.

Visitation Plan: The hearing aims to establish a visitation schedule. The mother wants a gradual increase in the father's time with the child, contingent on consistent behavior and demonstrable commitment.

Overall: The hearing reveals a complex situation with conflicting accounts of the father's reliability, his financial status, and the overall safety of the child. The judge will likely need to carefully consider all the evidence presented, particularly the inconsistencies in Mr. Hernandez's testimony and the mother's justifiable safety concerns, when making a decision on the visitation schedule.

#ChildCustody #FamilyLaw #Legal #TexasLaw #Court #Parenting #Visitation #ChildSupport #ZoomCourt #Lawyer #Attorney #Judge #Paternity #Lawsuit #court #law #legal #justice #judge #attorney #lawsuit #familylaw #childcustody #parentingtime #childsupport #settlement #mediation #discovery #contempt #grandparentsrights #guardianship #texas #michigan #zoom #virtualcourt #evidentiaryhearing #trial #motion #objection #refereerecommendation #default #parenting #legaladvice #legalhelp #legalrepresentation #familycourt #familymatters #case #courtroom #legalproceedings #courtcase #lawandorder