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Ex wants to deminish child support for taking 18 y/o.

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mthjp

Junior Member
What is the name of your state (only U.S. law)? Tx. Ive had custody of my boys for five years. My ex has paid child support off and on. On average she pays 122. Per week. She works for her boyfriends co and does her own payroll. My boys are now 18 y/o and 10 y/o. My oldest still has another year left of highschool. My oldest son has been extremely disrespectful and does not follow the rules of house. I told him if he doesn't want to follow the rules than he can leave. Your 18 y/o you can do as you please outside my house. I talked his mother and she requested that we deminish all child support since she'll be taking our oldest to live her. I told her thats ridiculous. She threatened to call an attorney. Here are my questions. If my oldest does live with her can she just lawyer up and do away with child support? If she were to someway take both the boys would I pay the 20-25%? That would be nearly 250./ wk. When this whole time she's paid not even half of that.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Tx. Ive had custody of my boys for five years. My ex has paid child support off and on. On average she pays 122. Per week. She works for her boyfriends co and does her own payroll. My boys are now 18 y/o and 10 y/o. My oldest still has another year left of highschool. My oldest son has been extremely disrespectful and does not follow the rules of house. I told him if he doesn't want to follow the rules than he can leave. Your 18 y/o you can do as you please outside my house. I talked his mother and she requested that we deminish all child support since she'll be taking our oldest to live her. I told her thats ridiculous. She threatened to call an attorney. Here are my questions. If my oldest does live with her can she just lawyer up and do away with child support? If she were to someway take both the boys would I pay the 20-25%? That would be nearly 250./ wk. When this whole time she's paid not even half of that.
Most states require child support to be paid through high school. I suspect TX does as well although I haven't actually looked it up. It is however pretty standard. Therefore yes, your 18 year old could be subject to child support. Therefore, you could owe her support for the child that lives with her, and she could owe you support for the child that lives with you. If you make more money than she does, then that means that you might be paying her support...but the amount would be the difference between what you would owe her vs what she would owe you. TX child support is a fixed percentage from the non-custodial parent. Of course that is only until your eldest ages out of child support, and then she would be back to owing you the state guideline for one child.

Once again, child support in TX is a fixed percentage from the non-custodial parent's income. It doesn't matter that she has been paying less than half of what you have been paying. You actually might be better off to simply agree to no child support at this point...because if you make more money than she does and it goes to court, you might be paying her something until your oldest ages out.
 

mthjp

Junior Member
set amount

At one point we had discussed the youngest going to live with her a couple years ago. She said she would agree to set the amount at what she pays. Is there a wsy to set it at a set amount and it not be a percentage? Or stany point coukd she simply adjust it through court?
 

LdiJ

Senior Member
At one point we had discussed the youngest going to live with her a couple years ago. She said she would agree to set the amount at what she pays. Is there a wsy to set it at a set amount and it not be a percentage? Or stany point coukd she simply adjust it through court?
If the two of you agreed to a deviation that could be possible, but without an agreement, its going to be a fixed percentage. Even with an agreement it could be eventually adjusted through court.
 

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