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  1. #1
    Join Date
    Mar 2008
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    4

    Default Child Support Modification In Texas

    Hello,

    My wife and I divorced four years ago in Texas. I agreed at that time to pay $2000 a month with no step-down in child support for three minor children. I also pay for their healthcare. At the time of the divorce my wife did not work, and she was also awarded spousal support, which I paid for about 18 months.

    My children are now aged 21, 19, and 13. My ex-wife now works full-time as well. I would like to go back to court to ask for a reduction in support based on the fact that two of my three children are now adults and because she is now employed full-time as well.

    Because I initially agreed in mediation to the amount of $2000 a month in CS with no step-down, do I stand a chance of getting a reduction in court?

    Any help is greatly appreciated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    14,582

    Default Re: Child Support Modification In Texas

    Quote Quoting Texas13
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    Because I initially agreed in mediation to the amount of $2000 a month in CS with no step-down, do I stand a chance of getting a reduction in court?
    Maybe. Or the judge may be cranky that day and say No.

    I'm sorry, no one here can give you an answer to that question. We can't predict if the judge is going to say "Well, that's a reasonable request" or "Sorry, Charlie, this is what you signed up for."

    You'd be better served by getting an attorney and getting things worked out by a pro.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
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  3. #3
    Join Date
    Feb 2008
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    109

    Default Re: Child Support Modification In Texas

    I have to agree--hire an attorney. Im not sure why one would agree to no step-down, but Im sure there was a good reason at the time.

    Good luck.

  4. #4
    Join Date
    Mar 2008
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    4

    Default Re: Child Support Modification In Texas

    I do intend to hire an attorney ... I just wondered if anyone had any experience in dealing with a support modification that lowered their amount of support based on similar circumstances.

    I agreed to no stepdown in mediation because at the time my ex-wife did not work. She needed the money, and I was eager to complete the divorce proceedings. Since then however, 2 of my 3 children have become legal adults and are now off at college (which I pre-paid the tuitions for), she has gone back to work full-time, and also received a large inheritance. She only has one child left at home now and overall is in far better financial shape than I am. If I continue to pay support at the current rate based on three kids ($2000/mo) my oldest kids will be 24 and 26 by the time my youngest is 18.

    Can anyone at least tell me if her income is a considering factor if and when we go back to court?

  5. #5
    Join Date
    Mar 2008
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    4

    Default Re: Child Support Modification In Texas

    Quote Quoting Texas13
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    Can anyone at least tell me if her income is a considering factor if and when we go back to court?
    123 views and not one person knows the answer to this question?

    I guess my thread just wasn't controversial enough. I've noticed that those type of threads seem to get all the attention 'round here.

    Thank you to those who did reply - even in sarcasm.

  6. #6
    Join Date
    Feb 2008
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    109

    Default Re: Child Support Modification In Texas

    Quote Quoting Texas13
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    123 views and not one person knows the answer to this question?

    I guess my thread just wasn't controversial enough. I've noticed that those type of threads seem to get all the attention 'round here.

    Thank you to those who did reply - even in sarcasm.
    Two non-facetious Suggestions....

    1) Google is your friend. I'm SURE there is information about the rules/laws in your state concerning this. I'm sure there are sites specifically dedicated to child support calculations.


    Quote Quoting Texas13
    View Post
    I do intend to hire an attorney
    2) Ask your attorney.

  7. #7
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Child Support Modification In Texas

    *sigh*

    I found this website as a result of a Google search. It claims to offer legal advice. All I've gotten is snarky "ask your attorney" responses. I'm not trying to solve my case through free online help - I was just looking for an answer to a very basic question that I have been unable to procure an answer for elsewhere online. I apologize for wasting anyone's time and I won't continue to be a bother when there's so much more finger-wagging to be had toward some other posters here.

  8. #8
    Join Date
    Feb 2008
    Posts
    109

    Default Re: Child Support Modification In Texas



    As fast as I could pull the search up I found this.....


    Texas. Child support guidelines, by statute, are based on a percentage of income of the noncustodial parent's net income. Support terminates at age 18 or graduation from high school, whichever is later. No statute or case law requires support for college.


    And a link:

    http://www.oag.state.tx.us/cs/NCP_ha....shtml#howmuch


    Youre welcome.

  9. #9
    Join Date
    Apr 2008
    Posts
    14

    Default Re: Child Support Modification In Texas

    Just about anything to do with CS is modifiable, depending on the wording of your final decree. Sounds as if yours is modifiable, and you should petition the Court to modify based on the reasons you state here.

    The reason everyone tells you talk with your attorney is because you did agree to it. That throws a different spin into the things. It's a pretty common response when no one really knows for sure, or can take a pretty good guess. You're just being a bit oversensitive.

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