need to appeal child support

[pbc1234]

And teh SPO nowadays says you pick up from mom and mom picks up from you at the end of your visitation. Ask for that too. Yall have Joint so she needs to jointly pick up too!

Yes this is the thing I have been talking about all along. If one divorce decree can be spelled out like that, and was awarded here in texas, then I don't see why that would be an issue in my case. The whole premise of this thread was what can I do as when I was telling the mother about modifying so that I can get ample time with my daughter she came back with a CS modification order which is free to her while I pay for the lawyer and increase. I am not looking to take anything away just get the standard possession to read as it does now allowing me more time with my daughter and allowing me to take her to school on Monday which is my day off. Her complaint to that is that our daughter needs structure, which is fine, but Sunday nights here is a school night just like it is at home.

I am in Denton county and she is in dallas county.

 

[pbc1234]

there is also a statute in the texas law for modification that states

Sec. 156.005. FRIVOLOUS FILING OF SUIT FOR MODIFICATION. If the court finds that a suit for modification is filed frivolously or is designed to harass a party, the court shall tax attorney's fees as costs against the offending party.

 

[pbc1234]

She ask for an increase in support but you can ask for a decrease

How do I go about the decrease? I don't mind leaving it the way it is, it is a substantial amount but I don't mind it, after all it is for my daughter and I have been accustomed to that amount. You know last year, she fell behind on some bills and called me crying needing $500 bucks, so I missed a truck payment to help out with that. And when my house was foreclosed on I had to move her and my daughters stuff out to her new place while she made a visit to an old boyfriend in Arizona that she couldn't cancel a flight to. So I am stuck with never getting repayment for that. But this does seem like a frivolous suit to my wanting to modify standard possession order so that I can see my daughter just a little bit more and meet in the middle.

 

[LdiJ]

How do I go about the decrease? I don't mind leaving it the way it is, it is a substantial amount but I don't mind it, after all it is for my daughter and I have been accustomed to that amount. You know last year, she fell behind on some bills and called me crying needing $500 bucks, so I missed a truck payment to help out with that. And when my house was foreclosed on I had to move her and my daughters stuff out to her new place while she made a visit to an old boyfriend in Arizona that she couldn't cancel a flight to. So I am stuck with never getting repayment for that. But this does seem like a frivolous suit to my wanting to modify standard possession order so that I can see my daughter just a little bit more and meet in the middle.

The fact that you believe that she filed for a child support increase in retaliation for you filing your case does not automatically make the filing frivolous.

Example:

If child support was just set 6 months and your income hasn't changed, that's definitely a frivolous filing.

However, if the child support was set 5 years ago, and has never been modified, and your income has increased, (or she believes it has) then there is nothing frivolous about her filing at all.

 

[pbc1234]

Yeah LdiJ, that would make perfect sense.

 

[pbc1234]

So has anyone ever appealed a CS modification here in Texas and won? I would like to know the steps to take and what to do? As I said before she does stand to get more by the standard rule of 20% down the board nothing else considered here in Texas, since the law is so lame and doesn't really adhere to anything other than that. I can't afford to pay more, heck I can just get by with what I have now and anything left usually goes to gas and food. Please if anyone can tell me anything I would be greatly appreciated.

 

[pbc1234]

Oh and one more thing, is there a way I can check to see if she has submitted a form to modify the CS so I can prepair myself?

Thanks again.

 

[Artemis_ofthe_Hunt]

Oh and one more thing, is there a way I can check to see if she has submitted a form to modify the CS so I can prepair myself?

Thanks again.

You should be able to go down to the courthouse that your decree is filed in and ask if there has been any further filings.

 

[pbc1234]

Yeah gonna have to try and do that. I am wondering though once she submits it how long before they can tell me she has? Still wondering too if anyone out there has gone through this in Texas too....