Modification in Texas

[Hoss82]

This case is in Texas.

I've just received a final draft of a child support modification from my ex-wife. In it, the newly modified amount of support is detailed, which we have mutually agreed upon. In addition to that, however, it details what the support will be after our first child (we have 2 together) reaches age 18. Basically, it stipulates that the total support will decrease from $565 to $479 after the first child reaches 18. First question is, does the support amount normally only drop less than 20%, when you go from 2 children to be supported to just the one. Question #2 is, just because I sign the current modification agreement in it's present form, will that come back to bite me in the future, as having agreed to this amount, even though we are still 4 years away from our first child reaching 18. I am agreeable to the current amount, and am not looking to make a mountain out of a molehill and the second amount.

 

[LadyBlu]

This case is in Texas.

I've just received a final draft of a child support modification from my ex-wife. In it, the newly modified amount of support is detailed, which we have mutually agreed upon. In addition to that, however, it details what the support will be after our first child (we have 2 together) reaches age 18. Basically, it stipulates that the total support will decrease from $565 to $479 after the first child reaches 18. First question is, does the support amount normally only drop less than 20%, when you go from 2 children to be supported to just the one. Question #2 is, just because I sign the current modification agreement in it's present form, will that come back to bite me in the future, as having agreed to this amount, even though we are still 4 years away from our first child reaching 18. I am agreeable to the current amount, and am not looking to make a mountain out of a molehill and the second amount.

The guidelines for support in TX are as follows:

CHILD SUPPORT GUIDELINES





BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR





1 child 20% of Obligor's Net Resources


2 children 25% of Obligor's Net Resources


3 children 30% of Obligor's Net Resources


4 children 35% of Obligor's Net Resources


5 children 40% of Obligor's Net Resources


6+ children Not less than the amount for 5 children


Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.






Also, this is the statute concerning support agreements made by both parties:

§ 154.124. Agreement Concerning Support


(a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreement containing provisions for support of the child and for modification of the agreement, including variations from the child support guidelines provided by Subchapter C.

(b) If the court finds that the agreement is in the child's best interest, the court shall render an order in accordance with the agreement.


(c) Terms of the agreement in the order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as contract terms unless provided by the agreement.


(d) If the court finds the agreement is not in the child's best interest, the court may request the parties to submit a revised agreement or the court may render an order for the support of the child.


Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.