modification in Texas UNFAIR

[homezforsale]

What is the name of your state? Texas

My husband went to have his child support modified this week. We have shared possession two weeks mom two weeks dad. He was behind about $5000 om his support . Since his divorce he was given a federal felony for medicare fraud in the drug detox business. His income was $48000 then $24000 now he can not get a job. He was afraid to modify because his ex might go for full time custody. She has more money than us. The judge denied the modif because there were no changes in curcomstances. WE WERE FLOORED! We can appeal any suggestions please!!!!!!

 

[betterthanher]

What is the name of your state? Texas

My husband went to have his child support modified this week. We have shared possession two weeks mom two weeks dad. He was behind about $5000 om his support . Since his divorce he was given a federal felony for medicare fraud in the drug detox business. His income was $48000 then $24000 now he can not get a job. He was afraid to modify because his ex might go for full time custody. She has more money than us. The judge denied the modif because there were no changes in curcomstances. WE WERE FLOORED! We can appeal any suggestions please!!!!!!

Yes if there was an error or you can appeal on case law in examples such as yours, if they exist. Is it possible they denied the mod because he is in arrears? Is he paying an additional amount to pay off the arrears?

 

[homezforsale]

Yes he has to pay on the arrears. Shouldn't they be two seperate issues. WE can not afford $350 in support and $100 in arrears. We have him just as much as she does why is she due money??

 

[stealth2]

Most likely the court viewed the drop in income to be voluntary. If he hadn't commited fraud, he wouldn't be out of a job.

 

[NotSoNew]

oh its not just texas, its most states.

his change in income was voluntary, so he is still expected to pay the previous amount.

 

[NotSoNew]

oh also, was the 50/50 custody in the orginal order? you were applying for a modification based upon his income only right? not more parenting time?

 

[homezforsale]

oh also, was the 50/50 custody in the orginal order? you were applying for a modification based upon his income only right? not more parenting time?

Mod on income and that she does not have anyother costs that we do not have . How can we be expected to pay her? We both provided clothes split sports split health so why is she intitled to money?? We gave the money for child care and private school both of which have stopped.

 

[Crazed98]

Mod on income and that she does not have anyother costs that we do not have . How can we be expected to pay her? We both provided clothes split sports split health so why is she intitled to money?? We gave the money for child care and private school both of which have stopped.

Stealth is righ the courts most likely will consider it voluntary.

It would be the same if he quit his job. He would obviously be recieving a lot less money but he still must pay the origional amount and cannot have it reduced.

Unless, the reduction in pay was no fault of his own.

If your husband can payback all arrears and show he is making a better effort then eventually you can get the support modified.

 

[NotSoNew]

even if you do split everything she would be entitled to more money if in the courts eyes your husband makes more then her. if they made the same amount they would be responsible for 50/50, since he makes more then her (i am assuming) he is responsible for more then 50% and she is responsible for less. thats why he still has to pay her. And I understand that he now DOESNT make more then her (or at least what he used to) but the court doesnt see it that way.

Did you have a lawyer?

 

[homezforsale]

Can anyone help me with an approach to this issue for the appeal? Even if he gets a job it will never be at the same money level as before. Why do we pay if we have 50-50 time same clothes shoes toys everything.

 

[LdiJ]

Can anyone help me with an approach to this issue for the appeal? Even if he gets a job it will never be at the same money level as before. Why do we pay if we have 50-50 time same clothes shoes toys everything.

You might have your husband consider getting a job waiting tables or bartending...that can bring in some decent money. I do feel sorry for you (assuming that you didn't know what your husband was doing) but I don't feel particularly sorry for him.

 

[homezforsale]

He has tried to get a job but no one will hire him isn't that a change of circumstance. He had just sold his company and was getting a consultant fee and had no idea of what they were doing on the charge. That aside it does affect his income he can not change the past. AGAIN does it not matter at all that we have him just as much time as she does why is she owed money????

 

[NotSoNew]

NO IT DOES NOT MATTER!

did you read my last post? child support is based upon how much the mom and dad MAKE, in this case they are using what your husband used to make, they DO NOT CARE that he cannot get a job making that much anymore, because HE messed up, it is considered VOLUNTARY that he cant make as much as he once did and therefore he is still responsbile for child support based upon that amount.

He owes her money even though you have 50/50 and pay for 1/2 of everything because HE MAKES MORE THEN HER.

i suggest you get a REALLY GOOD attorney to fight this, otherwise, you will loose.