Pro-se Child Support Modification

[sanctusangelus]

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

My case is probably very similar to many on here, but I thought I would post.

1. Ex lives in Indiana.

2. Child support has been $725/mnth for going on six years.

3. Child support was based off me making $42,000/year, which was six years ago while I was still in the Army and working as a federal tech. I am currently making a taxable wage of $12/hour. I do get perdiem, but that flucuates. Also this is a contract position that will not last any longer than 1 year.

4. I was unemployed from May 2008 - Until November 2008. I was doing some independent video work, but my current wife and I were barely scraping by as it was.

5. Child support has not been reviewed for modification since it was enforced in 2003.

6. Due to court ordered arrearges from the original decree, and then being unemployed for 6 months, and the 6% interest that Texas puts on arrearage, the arrearage part of the payment has gone from $75 to $205, making my current child support $855/mnth for 2 kids.

7. Case was filed in Williamson County, I now live in Bexar County.

8. Up until May 2008, I never missed a payment. (Or they were just slightly delayed as payroll things went through some changes.)

9. Ex is remarried (irrelevant, I know), and she now has a job - of all places - at a funeral home.

10. I have drawn up the motion for modifcation base of of forms I have found around the net, including this one.

11. I cannot afford a lawyer.

12. I am aware of the CSPRA or whatever it is from the OAG, but I am sure that would take forever to get into.

I guess my questions are:

1. Do you think I have enough to justify an adjustment?

2. If any of you have dealt with Williamson County (specifically County Court @ law #1, Suzanne Brooks) would I file this with the District Clerk or with the Court Administrator?

3. Is it mandatory that the ex gets notified?

4. About how long is it from the time that the motion is filed until the hearing is set (I am sure this varies from court to court, but I just wanted a ballpark)


THANKS IN ADVANCE!!!!What is the name of your state (only U.S. law)?

 

[meanyjack]

Since TX seems to be in a world of their own at times regarding CS, I will say that since it's been 5 years, you should expect some sort of an adjustment.

You need to bring all the documents, evidence, etc. you can to support the decrease in your salary, as long as it was not in your control. If your position is only a year, then you probably should bring something that proves that's the case. You should also try to bring what you can to support the capability of finding similar employment after that year is up (if possible). You want to make sure you have what you need to make sure YOUR bases are covered because they will not go on your word.

Yes, the ex will be notified of the request for modification. She *COULD* retain an attorney, not that you necessarily would need to retain one, you just need to be prepared accordingly with what you're trying to argue.

I believe there are some from TX that post regularly on here, so stand by.

 

[sanctusangelus]

2. If any of you have dealt with Williamson County (specifically County Court @ law #1, Suzanne Brooks) would I file this with the District Clerk or with the Court Administrator?

Ok, I got the answer to this. I called and acted as a lawyer that was new to the area...they said that a modification motion has to be filed with the district clerk for Williamson county. So I know where I am going on Friday morning.

I am sure this will be pretty much the same throughout the state.. so just an FYI for you guys.

 

[sanctusangelus]

Ok another update:

Just for good measure, I called the OAG's office, and asked them if filing a motion for modification would be equal to ask for a review. They said "Pretty much so."

So - instead of getting lost in the OAGs system, I will just go ahead and file with Williamson County, and get a hearing from them.