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Old 12-21-2010, 02:01 PM
 
18 posts, read 43,123 times
Reputation: 14

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Does anyone have any experience with the child support modification process in Texas?
Almost immediately after my divorce was finalized, I lost my job. Luckily, I found a job in another state (at 25k less a year) three months later. I got a couple of months severance pay, and didn't miss a child support payment during that time.
The agreed amount I am paying is now almost 40% of my net income (should be 25% for two children)

It seems pretty straightforward, but my ex-wife has been anything but reasonable and rational.

Should I just submit the form without an attorney and see what happens? Or am I better off using an attorney from the beginning?
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Old 12-21-2010, 02:58 PM
 
Location: Pflugerville
2,213 posts, read 2,517,160 times
Reputation: 2175
Quote:
Originally Posted by tForTx View Post
Does anyone have any experience with the child support modification process in Texas?
Almost immediately after my divorce was finalized, I lost my job. Luckily, I found a job in another state (at 25k less a year) three months later. I got a couple of months severance pay, and didn't miss a child support payment during that time.
The agreed amount I am paying is now almost 40% of my net income (should be 25% for two children)

It seems pretty straightforward, but my ex-wife has been anything but reasonable and rational.

Should I just submit the form without an attorney and see what happens? Or am I better off using an attorney from the beginning?
You really have to ask? Talk to your divorce lawyer. He/She is already familiar with your case.

Don't trust strangers on an anonymous internet forum for legal advice. They will either tell you what they THINK or what they have observed, usually 2nd hand. Just b/c some dude got an adjustment, doesn't mean you will. Just b/c some dude didn't get an adjustment, doesn't mean you won't.
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Old 12-21-2010, 07:55 PM
 
18 posts, read 43,123 times
Reputation: 14
Quote:
Originally Posted by JayBrown80 View Post
You really have to ask? Talk to your divorce lawyer. He/She is already familiar with your case.
I wasn't asking for legal advice. Specifically, I was asking if anyone had experience with the process.

Quote:
Originally Posted by JayBrown80 View Post
Don't trust strangers on an anonymous internet forum for legal advice. They will either tell you what they THINK or what they have observed, usually 2nd hand. Just b/c some dude got an adjustment, doesn't mean you will. Just b/c some dude didn't get an adjustment, doesn't mean you won't
I wasn't asking for a lecture either. But you are so wise. Thank you so much, since I was under the impression that my case would be exactly like someone's elses, and have exactly the same outcome.
You are correct on one account - many people that post on internet forums do so without adding anything of worth to the discussion.
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Old 12-21-2010, 08:16 PM
 
Location: Pflugerville
2,213 posts, read 2,517,160 times
Reputation: 2175
Quote:
Originally Posted by tForTx View Post
I wasn't asking for legal advice. Specifically, I was asking if anyone had experience with the process.
.
Okay, whatever you say dude. You totally weren't asking for legal advice.

Quote:
Originally Posted by tForTx View Post
Should I just submit the form without an attorney and see what happens? Or am I better off using an attorney from the beginning?
Yeah, no legal advice being asked there.


Caveat Emptor. Ask a general question to strangers, get a general answer. Your question was should you "sumbit the form with or without an attorney". I said with attorney. Your welcome!

I didn't realize your feelings would get hurt. Very fragile, I see. Divorce can do that to you.
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Old 12-23-2010, 05:01 AM
 
575 posts, read 1,068,404 times
Reputation: 1720
shouldn't you be more concerned with making sure YOUR KIDS are properly supported VS worrying about what % income you are paying to support YOUR KIDS

stop clogging EVERYONE'S court system with your stupid self made issues....buck up and pay for YOUR KIDS even if it means LESS FOR YOU

if the amount you pay in total dollars is excessive for what you consider the proper care and support of YOUR KIDS then you never should have AGREED to that in the first place and if your babies momma is the type that will take part of it and waste it on herself or others besides YOUR KIDS....then you should have found a better choice in breeding partners

if you have the time and or money to waste on this foolishness then you have the time and or money to STEP UP AND SUPPORT YOUR OBLIGATIONS PERIOD!
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Old 12-29-2010, 09:41 AM
 
Location: McAllen, TX
265 posts, read 377,316 times
Reputation: 147
I work in payroll (among other things) for my current employer and deal with child support issues all of the time.. You need to contact the Texas Attorney General Child Support Division. You don't need a lawyer unless you are going through custody hearings. The laws are clear as to the amount your are obligated to pay. I do believe the max is no more than 50% of your income but all that depends on how much you earn, it could be a lot less. In any case just call them and they will guide you. You can contact them and have them garnish wages from your current employment to make it easier to pay.. As for the amount you can talk to them about it.

https://www.oag.state.tx.us/cs/index.shtml

Last edited by gguerra; 12-29-2010 at 09:52 AM..
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Old 12-29-2010, 10:25 AM
 
14,642 posts, read 27,910,819 times
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a court order is a court order--from my experience--which is limited to working as caseworker in TX dept of health and human services--not as attorney or even as divorced person
I think the attorney general's office can allow you to pay a lesser amount in child support while your salary is reduced so that you don't get charged with a crime--
BUT I don't think that legally reduces your oblication set by the divorce/child support agreement--
in other words--you could pay less and start to build up money owed which could be reclaimed by attaching your income tax refund if you get one--or that would be garnished at later time if your salary increased...
I WOULD contact your attorney from your original child support case and explain the situation and see what legal remedy you need to do to reduce the obligation based on your current lower income and what is required if that income becomes larger...
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Old 12-29-2010, 06:57 PM
 
Location: Wichita Falls, TX
525 posts, read 837,342 times
Reputation: 348
I've had a couple friends go through similar situations with their child support. They always went back with a lawyer to get their situations taken care of. I would definitely recommend the same for you.

Quote:
Originally Posted by TexasVines View Post
shouldn't you be more concerned with making sure YOUR KIDS are properly supported VS worrying about what % income you are paying to support YOUR KIDS

stop clogging EVERYONE'S court system with your stupid self made issues....buck up and pay for YOUR KIDS even if it means LESS FOR YOU

if the amount you pay in total dollars is excessive for what you consider the proper care and support of YOUR KIDS then you never should have AGREED to that in the first place and if your babies momma is the type that will take part of it and waste it on herself or others besides YOUR KIDS....then you should have found a better choice in breeding partners

if you have the time and or money to waste on this foolishness then you have the time and or money to STEP UP AND SUPPORT YOUR OBLIGATIONS PERIOD!
Wow! Somebody must have burned you badly. It's not like TforTX is trying to skip out on paying. He's trying to get things worked out so that he can support his kids AND have some money to survive on himself too. Why is that such a crime to you? He agreed to the amount when he was making much more money. Life happens and nobody can predict the future. If the ex-wife was trying to get more money out of him because he got a better paying job you'd be all for that, right?

Someone agrees on a child support amount based on their current income, and then through some bad turn of events in this bad economy they take a huge cut in pay. Now their child support is 90% of their current income. Is that still fair to you that someone should live off such a small percentage of what they earn?
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Old 04-29-2011, 04:19 PM
 
1 posts, read 8,157 times
Reputation: 10
I totally understand your situation and I am there myself! I am a never married, no children, 30 year old woman you fell in love with a man down on his luck. The hardest working man I have ever known besides my dad and grandpa. He goes to work at 6am and gets home at 7pm. Works in construction as a framer. He has 2 kids from a previous marriage. He makes about $3500 a month, and pays $1637.73 in child support. Plus, he just got his taxes filed for the last ten years that him and his wife did not file. He owes the IRS $87,000, and the wife was released of any liability in the divorce. So he has to make payments for the rest of his life to the IRS. Plus the child support. We live in an RV on some land that I bought(3 acres). We will never be able to build a small house, or have any children of our own (which makes me cry everyday). We barely make it month to month. Many months we can't make it without paying something late. I work 60 hours a week and don't make much. Plus, at 37 years old, he is working so hard, that I don't think he will live to see 60. The ex-wife-she lives in a brand spanking new 4 bedroom brick home in a well to do neighborhood, gets her nails and hair done frequently, take the 2 kids to concerts (Justin Beiber-most recently.) They are in ballet, tap, and dance. As a child growing up, we were poor, and I never knew what a concert was and still don't. From what I figure, he is paying way more than the 25%, but Texas also bases it on earning potential. I don't know how they figure he could earn more. We are trying to decide if we need a lawyer to modify child support. It's not like we can afford one. Crap, just getting his taxes filed for the last ten years cost us $2500!
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Old 04-30-2011, 08:00 AM
 
Location: 77441
3,161 posts, read 2,264,714 times
Reputation: 2272
you have had a major change of status, you're eligible for a reduction.

In the future, since your ex-wife is the unreasonable sort, when you lose your job IMMEDIATLY petition the court to lower your payments, you'll have a court date within 2 weeks and the amount will be lowered due to you being on unemployment.
Then when you do get a new job, your exwife will have to petition the court to have it raised and that will be based on your new salary.
The system is set up for a reason, use it.
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