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Jurisdiction / Tax Deduction

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Johndoe293

Junior Member
couple questions

Thanks again to everyone that responded, and I've returned with a couple more questions. After this debacle has unfolded I've spent quite a bit of time on the phone with the AG's office in the county where my ex wife lives. Luckily I've managed to get some answers. My ex wife admitted to requesting a "transfer" on the case but didn't give a reason. She did say she did this quite sine time ago, however and didn't request income withholding, but I've since learned this is standard practice in Texas so it is what it is. I have no issue with that. My ex on the other hand is now frustrated with the amount of time she has waited for the state to send her the payment, but that should settle new that the garnishment had begun and she'll receive payments more regularly. I had been advised to pay the state rather than her until garnishment started and because they didn't have direct deposit info for her they sent a check and from my payment to her receipt took almost 2 weeks. When this happened she finally returned my calls and we discussed the whole mess. Anyway on to my questions.

I requested a support review with the form the AG provided because it's been over 5 years since the original order. When I asked about the status the ag office told me my request was denied because I didn't meet the threshold for a change. I was never asked for financial information, so I'm not sure how they came to this conclusion. Also I was made aware that Texas only accepted the order for enforcement, so would Colorado's formula be applied? I asked why I wasn't notified abd gee said he would send me something. Regardless of which state's formula, wouldn't the order being older than 3 years justify a review? Is this a decision I can appeal?

Finally which state do I go to to request modifications of the custody order? In particular travel expenses and tax exemption. Thanks!
 


Johndoe293

Junior Member
Since you are out of state, I suggest that you hire an attorney in Texas to follow through with the transfer.
Would I be able to file a motion to modify in conjunction, or would that require separate filling? And is the transfer complicated (read: expensive)? I don't have tons laying around for a lawyer, maybe it's better to leave well enough alone. :/
 

TinkerBelleLuvr

Senior Member
My daughter-in-law has been having issues tried to get her order into Texas. Neither party lives in the original state either. Since mom requested the move, have mom COMPLETE the move.

Does your court order state that the receiving party pays for the trip?
 

Silverplum

Senior Member

Johndoe293

Junior Member
My daughter-in-law has been having issues tried to get her order into Texas. Neither party lives in the original state either. Since mom requested the move, have mom COMPLETE the move.

Does your court order state that the receiving party pays for the trip?
It's states travel is split 50/50. And mom claims both kiddos every year. But mom can never afford tickets, so I end up paying. I asked her to consider letting me claim the kids or one in lieu of sharing travel and she's not willing. I don't want it to be a fight, but I have to put the kids in day care when I have them all summer, add in plane costs, and support, it adds up. And I don't want to miss visits over the cost of airfare. But if my only solution is paying a lawyer for the transfer and the modification just in hopes of getting it changed, it may not be worth it. That's why I've never bothered with contempt over the tickets, was worried it wouldn't get anywhere our I'd spend more than I saved. It's just all very difficult, like being caught between a rock and... well you know.
 

TinkerBelleLuvr

Senior Member
It's states travel is split 50/50. And mom claims both kiddos every year. But mom can never afford tickets, so I end up paying. I asked her to consider letting me claim the kids or one in lieu of sharing travel and she's not willing. I don't want it to be a fight, but I have to put the kids in day care when I have them all summer, add in plane costs, and support, it adds up. And I don't want to miss visits over the cost of airfare. But if my only solution is paying a lawyer for the transfer and the modification just in hopes of getting it changed, it may not be worth it. That's why I've never bothered with contempt over the tickets, was worried it wouldn't get anywhere our I'd spend more than I saved. It's just all very difficult, like being caught between a rock and... well you know.
Trust me, I know. I had dad make "stupid" tickets. Eventually I took it to court and took over making the tickets. Now he whines that he can't control dates.
 

Johndoe293

Junior Member
Trust me, I know. I had dad make "stupid" tickets. Eventually I took it to court and took over making the tickets. Now he whines that he can't control dates.
Funny you say that, we don't have set dates for summer and when I was left to get the tickets I went with the cheapest the week she asked me to return them. Then she complained about the day and time because it was inconvenient for her. What I wanted to tell her was if you want to be picky buy them yourself, but don't like to fight. So I just apologized and left it at that. Wasn't to get at her, just save me money.
 

CJane

Senior Member
Have you read through the links provided? In my experience, changing the tax exemption and any travel related portions of the order would require something more involved than a review of the child support order.
 

TinkerBelleLuvr

Senior Member
Funny you say that, we don't have set dates for summer and when I was left to get the tickets I went with the cheapest the week she asked me to return them. Then she complained about the day and time because it was inconvenient for her. What I wanted to tell her was if you want to be picky buy them yourself, but don't like to fight. So I just apologized and left it at that. Wasn't to get at her, just save me money.
You must understand what I called stupid tickets. He bought a ticket for my child to arrive at the airport at 12:15 AM (yes, after midnight) at an airport 1.5 hours from my house.

I take traffic and work schedules into consideration - he never did with me. I just ignore the whining to him.
 

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