Child Support

[majep5]

What is the name of your state? TX
My ex resently requested modification to our divorce decree. She has our 3 children since Aug 2004. Is there any leeway in the laws on setting Child Support. She is located in IA, We divirced in Aug 1999 she was to pay child support during this time and did not, Now I am requesting the courts to take this into account when setting Child Support that I have to pay. My lawyer in IA seems to not be doing much of anything, I'm getting hit for $1100 per month as well as covering medical insurance and 50% of copays after that.

When she was ordered to pay it was only $316. Seems unfair on the calculations. Any advice?

 

[rmet4nzkx]

Please accurately state the facts of your case, this is an issue of parental child abduction, not child support. You need to file appropriate motions with the court of jurisdiciton which should be TX not IA and contact an attorney specializing in parental abduction while you still know where the children are.

 

[Phnx02]

Getting "hit" for $1,100 in child support for 3 children is based on your income. The addition of providing medical insurance and 50% co-pays/uninsured medical expenses is standard. If your ex was ordered to pay considerably less in CS, it was based on her income at the time too. How much you pay depends on how much you earn - with a monthly net percentage cap.

If your ex was ordered to pay CS for previous years, and didn't, I would certainly ask the judge to consider this when you go to court. Did you ever file contempt?

 

[rmet4nzkx]

Getting "hit" for $1,100 in child support for 3 children is based on your income. The addition of providing medical insurance and 50% co-pays/uninsured medical expenses is standard. If your ex was ordered to pay considerably less in CS, it was based on her income at the time too. How much you pay depends on how much you earn - with a monthly net percentage cap.

If your ex was ordered to pay CS for previous years, and didn't, I would certainly ask the judge to consider this when you go to court. Did you ever file contempt?

Please read this and ALL the related threads before giving advice. That's why there was no other advice. This is a CP. The NCP abducted the children and got an order from another state without jurisdiction, NCP is a resident of Canada I gave OP advice for their situation.

 

[majep5]

I never filed contempt due to her living in Canada and it would of cost to much to have her served. I had paperwork drawn and ready to serve however when I knew where she was I had this new issue of her taking the children. When I asked my lawyer on how to handle he advised me that if I pursue contempt for Ex not paying CS then I could not ask for an offset of back CS when I pay mine. Still wish she could be held liable for not paying rather than just having to pay now without any retribution.

She owes about $12K. Is CS elgible for Interest on back CS due?

 

[rmet4nzkx]

I never filed contempt due to her living in Canada and it would of cost to much to have her served. I had paperwork drawn and ready to serve however when I knew where she was I had this new issue of her taking the children. When I asked my lawyer on how to handle he advised me that if I pursue contempt for Ex not paying CS then I could not ask for an offset of back CS when I pay mine. Still wish she could be held liable for not paying rather than just having to pay now without any retribution.

She owes about $12K. Is CS elgible for Interest on back CS due?

You need an attorney that handles custody issues including parental abduction. You can file contempt for violating the custody and visitation issues. File for abducting your children, get your custody back and then address her back child support issues, yes there is interest on arrears.
What have you filed in TX?

 

[majep5]

Have been trying to work issues thru IA. Am being told that since Ex file modification thru IA that IA has jurisdiction.

 

[rmet4nzkx]

Have been trying to work issues thru IA. Am being told that since Ex file modification thru IA that IA has jurisdiction.

In what state was your divorce, which court granted you custody, if it was not TX, when did you domesticate it to TX after you knew Mom was no longer there and or living in Canada. Exactly what day did she file the modification, was the court date and order before she abducted the children?

 

[majep5]

Divorce was in IA. Court dates were set after she abducted the children. Have lived in TX since Jan 2001.