Non-custodial on disability, can't get a modification

[kchambless4867]

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

Non-custodial parent is on disability and does not help in any way. We have twin 7yr old, 4 yr old, and 2yr old. Court will not give me a hearing for a modification. What can I do?

 

[single317dad]

What do you expect to happen if you do get a hearing? This disabled person either has no means to support their children, or has successfully concealed those means. If there's no money to get, you can't get any money.

 

[Proserpina]

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

Non-custodial parent is on disability and does not help in any way. We have twin 7yr old, 4 yr old, and 2yr old. Court will not give me a hearing for a modification. What can I do?

And to add to dad's post, is the parent actually on SSDI ?

 

[BL]

And to add to dad's post, is the parent actually on SSDI ?

To expain. If he receives SSDI ,the children (you for them ) are entiled to benificiaries benifts seperate from his benifits.

If he receives SSI , you can not touch it.

If he hasn't modified and The state takes action for arreas ,like suspending driver's lincence that's his problem.

So what amount is the current order?

 

[TheGeekess]

To expain. If he receives SSDI ,the children (you for them ) are entiled to benificiaries benifts seperate from his benifits.

If he receives SSI , you can not touch it.

If he hasn't modified and The state takes action for arreas ,like suspending driver's lincence that's his problem.

So what amount is the current order?

Texas uses a percentage of the NCP's net income:

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

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm

 

[BL]

Texas uses a percentage of the NCP's net income:

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm

Well perhaps I wasn't entirely correct. If SSI no one can garnish it,but still could be ordered to pay and face sanctions for arrears .

 

[kchambless4867]

What do you expect to happen if you do get a hearing? This disabled person either has no means to support their children, or has successfully concealed those means. If there's no money to get, you can't get any money.

There is money there. He has not concealed anything.

 

[single317dad]

There is money there. He has not concealed anything.

Then I can only assume you've made some procedural error which has caused the court to reject your petition.

If you'd like a better answer, please give us some relevant details:

Since you're asking about a modification hearing, I assumed you have a current support order. Is that the case? If so, what does that order say?

What has the NCP paid since the court ordered support? What has he failed to pay?

What have you done to try to enforce the current support order? What have you done to try to get a new hearing? What was the result of those efforts?