Legal Question in Family Law in Texas
Amicable child support modification without court appearance
My daughter has recently moved in with my ex-husband and his wife, after 8-years of living solely with me. Although I am named as the managing conservator, my ex and I have amicably agreed that as long as she is doing well in school and is still happy, etc. we will not go back to court to modify the original decree.
However, we still have the court-ordered child support that goes through Harris County for recording. How can we modify or stipulate that as long as my daughter is living primarily with her father, that he is not required to pay the $240/month as per the decree?
We have agreed that I will not have to pay the $240 to him, as I am keeping all health coverage, summer camp fees, extra-curricular activity tuitions and paying monthly to a college fund for my daughter's benefit. He just wants to be legally released from paying while she is living in his home. Please advise. And thanks.
2 Answers from Attorneys
Re: Amicable child support modification without court appearance
You and your husband will have to go to court with a motion to modify child support at least if you don't want to change custody. You would be better off to change everything, because the decree provides for specific authority to each of the conservators. An motion with an agreed order shouldn't be that expensive.
Re: Amicable child support modification without court appearance
You are going to have to submitt an agreed order to obtain your request. The Court is going to want you to pay some support. You could structure it so that you pay the support and your ex pays for something your were paying for. However, there are some courts that simply won't approve of an order that waives support. For your own protection, you may want to agree to a lower support payment now so that your ex doesn't change his mind and six months later go for support payments that are consistent with guidlines ie. 20% for one child, ect.
Conservatorship should also be changed. You really don't want to leave these area open.
Call me if you like for me to assist you.
John Pfister
972-712-9208
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