Change of custody and child support

[LivinInTx]

What is the name of your state (only U.S. law)? TX

My ex, the child, and I have all agreed for the child to come live with me. After we agreed on all the new terms ex hired an attorney to draft the new orders. Ex is still getting child support that is taken out of my checks. She refuses to return any of it and also refuses to send me the agreed amount of child support she is supposed to pay saying she doesn't have to because it's not court ordered yet. So, she's getting child support from me, not paying child support, and I have the child who has already incurred a lot of expenses. She refused to sign an agreed order to terminate the child support going to her saying it will be included in the papers her attorney is taking forever to draft. I filed a petition to terminate the withholding today and gave her attorney a copy. How long to I have to wait for her to file an answer or waiver of service?

Separately, ex wife quit her job several years ago and her new husband supports her. They have plenty of money, their child goes to a private school that is $20,000 each school year yet she'll only agree to pay the minimum child support to me based on Federal minimum wage since she doesn't have a job. Would the court order her to pay more child support to me based on her being able to afford such a high standard of living for her other child? She's paying 1/3 of what I was paying her when she had the child.

 

[Proserpina]

What is the name of your state (only U.S. law)? TX

My ex, the child, and I have all agreed for the child to come live with me. After we agreed on all the new terms ex hired an attorney to draft the new orders. Ex is still getting child support that is taken out of my checks. She refuses to return any of it and also refuses to send me the agreed amount of child support she is supposed to pay saying she doesn't have to because it's not court ordered yet. So, she's getting child support from me, not paying child support, and I have the child who has already incurred a lot of expenses. She refused to sign an agreed order to terminate the child support going to her saying it will be included in the papers her attorney is taking forever to draft. I filed a petition to terminate the withholding today and gave her attorney a copy. How long to I have to wait for her to file an answer or waiver of service?

Separately, ex wife quit her job several years ago and her new husband supports her. They have plenty of money, their child goes to a private school that is $20,000 each school year yet she'll only agree to pay the minimum child support to me based on Federal minimum wage since she doesn't have a job. Would the court order her to pay more child support to me based on her being able to afford such a high standard of living for her other child? She's paying 1/3 of what I was paying her when she had the child.

No. Texas will take a straight percentage of the NCP's income, as you know, and Mom will likely be hit with 40 hours min. wage.

In very rare circumstances the new spouse's income can be used to impute an amount - but you'll really need an attorney. It is not commonly practiced, and it's usually in cases where the NCP is deliberately and willfully underemployed.

If she's been a SAHM for the past few years, that's generally not going to be the case.

 

[LivinInTx]

Any idea how long she has to respond to the termination of child support petition? I really need child support to stop going to her. It's a pretty decent amount and since she isn't paying me child support either it's to the point that it's effecting our child. Will she be responsible for paying back the money she's gotten since she sent the child to live with me but kept the child support coming out of my checks?

 

[mistoffolees]

Any idea how long she has to respond to the termination of child support petition? I really need child support to stop going to her. It's a pretty decent amount and since she isn't paying me child support either it's to the point that it's effecting our child. Will she be responsible for paying back the money she's gotten since she sent the child to live with me but kept the child support coming out of my checks?

Chances are decent that the change will be made retroactive to the date that you filed, so you MAY be able to recover some or all of the overpayment. It won't be easy, but it can be done (although the cost might exceed the benefit - particularly if she doesn't have the resources to pay).

 

[LivinInTx]

Chances are decent that the change will be made retroactive to the date that you filed, so you MAY be able to recover some or all of the overpayment. It won't be easy, but it can be done (although the cost might exceed the benefit - particularly if she doesn't have the resources to pay).

Thanks. She more than has the resources to pay. Her other child goes to a $20K/year private kindergarten. They have a Mercedes and a BMW and their house is over $1M. She's only keeping the child support coming from my checks to spite me which unfortunately is only hurting our child.

 

[CSO286]

Thanks. She more than has the resources to pay. Her other child goes to a $20K/year private kindergarten. They have a Mercedes and a BMW and their house is over $1M. She's only keeping the child support coming from my checks to spite me which unfortunately is only hurting our child.

What are these resources? New husband's money doesn't count as "resources."

 

[mistoffolees]

What are these resources? New husband's money doesn't count as "resources."

Unless they put it into joint accounts.

 

[LivinInTx]

New husband's money won't count as far as calculating child support but she quit her job so he's apparently well enough off to be able to support her and their child to a high standard of living. I'm just asking that she stop getting the child support taken out of my checks when she no longer has the child and hoping I can get back the $$$$ she's received so far. She sent the child here with practically nothing and I've had to be 100% responsible for all of child's expenses (high school student so they add up quick) while she continues to receive child support for a kid she doesn't have and also not pay any child support to me.

 

[LivinInTx]

Still no progress

Two months and my ex is still getting child support and also not paying child support. Here's what has happened so far
Ex's attorney filed petition to modify custody for me to be the primary parent. It has no specific terms and states we will come to an agreement, which we did long before she hired an attorney to draft the papers.
Same day, not knowing the above would be filed, I filed a petition to terminate the wage withholding based on my ex sending the child to live with me and her being enrolled in school here (ex is in CA, where the child was up until August).
Ex's attorney filed an answer with a general denial to the wage withholding, it says nothing except she enters a general denial and prays for relief.
I cannot afford to keep paying child support, not receive any support from my ex, and incur 100% of the expenses for our high school age daughter. She refuses to go back to her mom's nor do I want to send her there but ex has no financial incentive to resolve these issues. Her attorney says the wage withholding will be addressed in the modification, papers which have yet to materialize more than a month after they were to have been completed.
I cannot afford an attorney and need some guidance. Can I draft the new modification based on what ex and I agreed to and file it?
Can I file temporary orders?
Is it a fair assumption that the wage withholding for my child support to ex will be terminated based on their filing of the petition to modify primary custody to me and the child being enrolled in school here, when the modification has not yet been completed?
What is the best course of action?
I did not know that when I filed the Petition for Termination of the Wage Withholding that I should have also filed the Order for the judge to sign as well. Since they've filed an answer with a general denial is it too late to file the Order for the judge to sign?