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Can Child Support Be Changed if the Custodial Parent Moves Out of State

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  • 01-07-2016, 07:48 AM
    rustheman
    Can Child Support Be Changed if the Custodial Parent Moves Out of State
    My question involves child support in the State of: Mississippi

    Can I as the child support payee, have child support modified if the custodial parent has moved out of state(TX) based on the effect on visitation? I was told by a lawyer a while back that there could be a modification based on the cost of getting to see them on a regular basis considering the distance and such. The ex has decided to see if she can get child support increased(which I understand is her legal right) based on my change of income since the child support order was first created.

    Thank you
  • 01-07-2016, 09:56 AM
    Mr. Knowitall
    Re: Can Child Support Be Changed if the Custodial Parent Moves Out of State
    Are we talking about a high-income NCP? Because otherwise, in Texas, the presumptive child support amount would be a statutorily specified percentage of the NCP's income. See the Texas Family Code, Sec. 154.125.
  • 01-07-2016, 09:58 AM
    llworking
    Re: Can Child Support Be Changed if the Custodial Parent Moves Out of State
    Quote:

    Quoting rustheman
    View Post
    My question involves child support in the State of: Mississippi

    Can I as the child support payee, have child support modified if the custodial parent has moved out of state(TX) based on the effect on visitation? I was told by a lawyer a while back that there could be a modification based on the cost of getting to see them on a regular basis considering the distance and such. The ex has decided to see if she can get child support increased(which I understand is her legal right) based on my change of income since the child support order was first created.

    Thank you

    How long ago did she move and how far did she move?
  • 01-07-2016, 10:21 AM
    rustheman
    Re: Can Child Support Be Changed if the Custodial Parent Moves Out of State
    No high-income here. While I've gotten raises since the original CS was submitted(the original CS order was in MS and I still live there), it's not like I'm swimming in extra money since the original CS order.

    I think it's coming up 4 years now. The drive is around 8 hours. When I get the chance to go visit, I usually take a Friday off and come back on a Sunday.
  • 01-07-2016, 11:01 AM
    llworking
    Re: Can Child Support Be Changed if the Custodial Parent Moves Out of State
    Quote:

    Quoting rustheman
    View Post
    No high-income here. While I've gotten raises since the original CS was submitted(the original CS order was in MS and I still live there), it's not like I'm swimming in extra money since the original CS order.

    I think it's coming up 4 years now. The drive is around 8 hours. When I get the chance to go visit, I usually take a Friday off and come back on a Sunday.

    If its been 4 years its way too late to challenge anything about transportation costs. Do you not have any visitation in your own community? No extended time? If you do not get any extended time its probably time to ask for some. That would give you the opportunity to ask that mom at least share the driving.
  • 01-07-2016, 11:19 AM
    rustheman
    Re: Can Child Support Be Changed if the Custodial Parent Moves Out of State
    No, I get the kids on alternate holidays, spring break if we have something to do and a good part of the summer.


    To piggy back on this thread, can child support change if a child joins the military via ROTC to go to college? My son will be attending a university in TX next year and enrolling in ROTC to have Army pay for it. While I know if he joins the military out of high school into active duty, I would not longer have to pay CS for him...does ROTC work the same seeing as he somewhat belongs to the gov in a sense? Anyone had any experience with that?
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