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Texas Child Support question

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johnoh

Junior Member
John here, wondering if its possible to get my child support payment reduced. 10 years ago I got divorced and decided on mediation instead of a court battle (wrong decision!) and after thousands in legal fees caved in to my ex who would not budge in negotiations and so I finally agreed to pay above the state maximum for child support (in Texas there is an $1800/mo max if you have 3 kids and they have no provable needs beyond the $1800/mo) as well as a 40/60 asset split in her favor. At the time my ex had never worked but had a college degree. She took about $150k of the asset split and bought a small house in an upscale neighborhood, then took three years off to slowly pursue a teaching degree. The kids live with her 80% of the time and me the other 20%, but eat a lot of meals here. They love their mom but recognize that she is a miser.

The ex has now been a teacher for 7 years, has no mortgage payment, and socks away my monthly child support payment (over $2k/mo) for her retirement, and lives on her salary, or maybe even less (seriously, she is a real miser). She refuses to contribute any money for the kids car expenses or college expenses, will not add their names to her own car insurance, and in general my kids do without many things that their friends have. Not wanting my kids to do without, I end up paying for a lot of things that I think she should be using the child support for (trips, sports/band equipment, car/car insurance, pretty much anything with a one-time pricetag over $100). My actions do not matter to her - she is going to save every penny no matter what, she is not just trying to manipulate me into paying for things, she is just neurotically worried about her old age. Although while we were married she was very free with money, especially when it came to the kids.

My 2nd son is now heading to college and my girl is turning 16. I will get her an inexpensive car, and am funding college for each child. At this point my ex is rolling in excess monthly cash, with only one remaining child at home.

I am miffed that while these are the most expensive years of my life as a parent, my ex will sock away $20k of my money this year, and not spend it on anyone. Is there anything I can do? To answer one question in advance, I doubt any judge would say that my kids are hurting for food or clothes or any basic necessity, as she does at least that much.

Thanks.
 
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MrsK

Senior Member
John here, wondering if its possible to get my child support payment reduced. 10 years ago I got divorced and decided on mediation instead of a court battle (wrong decision!) and after thousands in legal fees caved in to my ex who would not budge in negotiations and so I finally agreed to pay above the state maximum for child support (in Texas there is an $1800/mo max if you have 3 kids and they have no provable needs beyond the $1800/mo) as well as a 40/60 asset split in her favor. At the time my ex had never worked but had a college degree. She took about $150k of the asset split and bought a small house in an upscale neighborhood, then took three years off to slowly pursue a teaching degree. The kids live with her 80% of the time and me the other 20%, but eat a lot of meals here. They love their mom but recognize that she is a miser.

The ex has now been a teacher for 7 years, has no mortgage payment, and socks away my monthly child support payment (over $2k/mo) for her retirement, and lives on her salary, or maybe even less (seriously, she is a real miser). She refuses to contribute any money for the kids car expenses or college expenses, will not add their names to her own car insurance, and in general my kids do without many things that their friends have. Not wanting my kids to do without, I end up paying for a lot of things that I think she should be using the child support for (trips, sports/band equipment, car/car insurance, pretty much anything with a one-time pricetag over $100). My actions do not matter to her - she is going to save every penny no matter what, she is not just trying to manipulate me into paying for things, she is just neurotically worried about her old age. Although while we were married she was very free with money, especially when it came to the kids.

My 2nd son is now heading to college and my girl is turning 16. I will get her an inexpensive car, and am funding college for each child. At this point my ex is rolling in excess monthly cash, with only one remaining child at home.

I am miffed that while these are the most expensive years of my life as a parent, my ex will sock away $20k of my money this year, and not spend it on anyone. Is there anything I can do? To answer one question in advance, I doubt any judge would say that my kids are hurting for food or clothes or any basic necessity, as she does at least that much.

Thanks.

Run the #'s on a child support calculator and it should give you an idea of what you SHOULD be paying. Depending on the answers, you can take it back to court.
 

LdiJ

Senior Member
Honestly, your ex is doing what we advise most custodial parents to do....and that is live and support their children based on what they can earn, and consider child support to be a "bonus". Why?...because so many non-custodial parents aren't consistant about paying child support.

You can certainly refuse to provide "extras" that you feel that child support should cover. However if your child support amount was set 10 years ago, and hasn't raised (and your income has) then you could be in for a rude awakening.

You also don't really know what your ex is doing with the money, or what her plans for the money are.
 

qurice

Member
How many of the children are still minors? Just your daughter or your daugher and your son that is starting college?

Get out your order and see when support stops for them. If you only have one minor child you may get *some* bit of a reduction, but doubtful if the divorce was 10 years ago because of the increase in your pay over the years.

Think of it as her way of doing the kids a favor... If mom is taking care of her own retirement "fund", that will mean she won't have to depend on the kids to financially support her she gets older. My mother in law is a teacher here in TX and to start with they don't get paid much, and if she just started teaching 7 years ago, she's a little late to the game and the teacher retirement plan won't be enough when she reaches retirement age.

Good luck!
 

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