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#1
11-04-2009, 05:49 PM
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Texas Child Support Modification questionWhat is the name of your state (only U.S. law)? Texas Main question: If I don't agree with the modified order from Texas State General, do I have a chance to bring it up in court? If so, does my ex-wife need to hire an attorney and I need to hire an attorney? The FAQ seems to imply but I guess I just want some validation that this is so. Story: My ex-wife doesn't have custody of our daugther, however, our daugther has been now living with her mother since she was 6. She is now 12 years old. My daughter was living with me from birth to 6 years old. Now, she is asking to modify the child support order. Since I had full custody of the daugther, the child suppport order showed she was to pay me some little amount. She filed a motion in Texas State Attorney office to modify the child support order. I pay her child support even without a court order. I found this in the FAQ: [url]http://www.oag.state.tx.us/cs/parents/faq_modifications.shtml#14[/url] "There is no "average" or "typical" timeframe for modifications. Once our office receives your request for a review, we may need to obtain additional information from the other parent or other sources to complete the review process. Our office will work with both parents to schedule a Child Support Review Process (CSRP) where an agreed order can be worked out in the child support office. If an agreed order is not possible, the modification request will then have to be scheduled for consideration in court. " Last edited by ManangChe; 11-04-2009 at 06:10 PM. |
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#2
11-04-2009, 06:16 PM
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__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#3
11-04-2009, 06:24 PM
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#4
11-04-2009, 06:27 PM
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Is custody also being modified?
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#5
11-04-2009, 06:30 PM
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The custody is not being modified. |
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#6
11-04-2009, 06:36 PM
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i'm confused, WHY is the daughter living with grandma and NOT mom OR dad? |
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#7
11-04-2009, 06:38 PM
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#8
11-04-2009, 06:42 PM
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 since Texas is a straight percentage state, your income is considered. however, i'm almost positive the state doesn't take into consideration you have a subsequent family. i'll pull up the state site and check. |
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#9
11-04-2009, 07:19 PM
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And honestly...you probably need to get this custody situation sorted out. Mom doesn't have custody officially but she's had physical custody for six years, yes?
__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#10
11-04-2009, 07:22 PM
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#11
11-04-2009, 07:28 PM
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__________________ ***************************** When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all. — Austin Grossman Quote:
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#12
11-06-2009, 10:13 PM
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| Texas 'guideline' c/s calculates only on the income of the non-custodial parent (doesn't matter how much time child spends with each parent, so income of cp isn't used to calc c/s). If OP has one other child, it will be 17.5% of his net income= child support for one child. If OP has two other children, the percentage is 16% of net income. Net income is calc'd by subtracting federal tax (per Off Atty Gen'l tax chart) and union dues and the cost of providing health ins for child. OP also has to provide medical insurance or pay up to 9% of his/her gross income as medical support, monthly. |
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#13
11-08-2009, 04:52 PM
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__________________ If someone was truly a bad parent then they do not deserve to be around your children. If someone is a negative force in your life than you should X them out completley. |
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#14
11-09-2009, 12:24 AM
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| It doesn't matter whether the other child was born before or after the child before the court. Literally, the code states credit for a biological child living in home, or under a court order to support another child. In practice, the common question is: do you have any other biological children under 18 yrs. old. A modification can take effect on any date after the party is served or their first appearance in court. Retroactive modifications are not allowed. Establishment of Paternity/SAPCRs can include retroactive child support - from the date of separation, or commonly, four years retroactive. The Code allows retro to date of birth, but there is a presumption in the Code that four years retro child support is reasonable. The 'obligor' may get credit against retro amt, for direct payments, purchase of items for child, period child lived with obligor, or payment of bills for child/cp. |
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