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Texas child support modification

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tlcarlson

Guest
My ex has been paying a flat amount for child support, normally in Texas (where I live) it is 20% for one child and 25% for two (we have 2). He recently lost his job and wants to have the original court order "modified" because he says he cannot afford to pay me the amount awarded to me initially. His prior career field was hi-tech and he made alot of money. I have several questions:
1. If he marries his current live in girlfriend/fiance is the amount he has to pay me based on their JOINT household income?
2. He has basically disowned his older child (has had no contact with her for the last year for various reasons) but yet has constant contant with our 4 year old (yes they are both his children) and he is not trying to get out of paying for both children BUT can I say he has "disowned" her and get his visitation with his 4 year old supervised?
3. Also, he is retired military and our original decree does not break down my portion of his retirement vs. child support, it was all lumped into one.
I just don't want to be "bullied" into a modification that may not be in my best interest, yet cannot afford to hire an attorney yet he lives the "high life". I know this is an old story but any input would be greatly appreciated, especailly if you can e-mail me directly as I have to do all of this at work and it is easier to check my e-mail.
Thanks to all in advance.
Sincerely,
Tina
[email protected]
 


L

LadyBlu

Guest
tlcarlson said:
My ex has been paying a flat amount for child support, normally in Texas (where I live) it is 20% for one child and 25% for two (we have 2). He recently lost his job and wants to have the original court order "modified" because he says he cannot afford to pay me the amount awarded to me initially. His prior career field was hi-tech and he made alot of money. I have several questions:
1. If he marries his current live in girlfriend/fiance is the amount he has to pay me based on their JOINT household income?
2. He has basically disowned his older child (has had no contact with her for the last year for various reasons) but yet has constant contant with our 4 year old (yes they are both his children) and he is not trying to get out of paying for both children BUT can I say he has "disowned" her and get his visitation with his 4 year old supervised?
3. Also, he is retired military and our original decree does not break down my portion of his retirement vs. child support, it was all lumped into one.
I just don't want to be "bullied" into a modification that may not be in my best interest, yet cannot afford to hire an attorney yet he lives the "high life". I know this is an old story but any input would be greatly appreciated, especailly if you can e-mail me directly as I have to do all of this at work and it is easier to check my e-mail.
Thanks to all in advance.
Sincerely,
Tina
[email protected]
1. No, only the bio fathers income is considered unless there are extenuating circumstances. But even then it is highly unusual to consider a step parents income in factoring support.

2. You cannot get supervised visits established based on his non parental relationship with the oldest. But, the judge could make it to where if he picks up one child, he picks up both.

With the increasing amount of lay offs in TX in the Tech industry, it will start having an effect on how the courts rule on modifications. Right now the jobs just aren't there, and the courts know this. So yes, you should be prepared for a downward modification. This layoff was not the fault of your ex, it is the economy. The courts realize this. The good ole days of people getting paid enormous salaries for tech jobs are at a standstill at the moment, so this is something that is out of your ex's control. If he had willingly quit his job, it would be different.
 
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tlcarlson

Guest
Thanks

That is mainly what I suspected and no I don't blame him for being laid off, he has always been on time with his child support. As far as non contact with the older child, it is a long story and best dones thru private e-mail if you are interested, but it does show some extenuating circumstances, violence towards her on his part several years ago.
Guess I will just take what "comes what may" with any sort of child support reduction/modificiation. I was told though and saw on child support website where the child support can be based on the joint income of the payor's household. Thanks for the info though and I look forward to hearing from others.
 

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