Legal Question in Family Law in Texas
Child Support Exemption
I am 39 years old and have been divorced since May 29, 2002. In the original divorce decree I was not ordered to pay child support because I was only making enough money to pay my bills. I am the mother and at the time of the divorce I was cut off from all finances of my ex and had no legal representation. My ex-husband is now filing for child support. I have been in school full time for the past 3 years and am still in school. I have no job and am $40,000.00 in debt with student loans. I am remarried and live with my husband. My ex makes around $80,000.00 a year and I make nothing. I had to get an education because up to the time I left him I had stayed home and raised his children and took care of him and his home. What defense do I have to not have to pay child support? At this time I do not even have a set visitation schedule and he has often denied me visitation with my kids. My children are 16 and 13 (June 2006). My ex is just trying to hurt me and does not need the money and my kids are well aware of what he is doing. Is there any way I can show cause as to why I sould be exempt for paying him any child support?
2 Answers from Attorneys
Re: Child Support Exemption
Bluntly, no.
When the court reviews the petition and claims of your exhusband, it is not going to go behind the most recent order or decree.
The court will take the position that your claims to spousal support, property etc, should have been raised prior to the entry of the decree.
That said, however, your explanation of attending school, as you were not able to be reasonably employed in order to support your children is relevant to setting the amount of support. Your education loans and expenses are not an exemption to paying support.
The bottom line, is that once in court, your focus should be more on the amount of support ordered, not whether or not ordered. Every parent is expected to support their children. Attending school has not been an effort to be unemployed, but an effort to better provide for your kids once you finish your education. Ideally, you will be able to resolve this issue by agreement with your ex.
If you are unable to resolve it, retain an attorney. You can contact North Texas Legal Services to see if you qualify -- normally they will look at all resources available to you, not just your income. The court will also inquire as to what resources are available to you (borrowing power etc).
If you wish a referral to a mediator in your area, feel free to contact me.
Re: Child Support Exemption
It is the policy of the State of Texas for BOTH parents to support their kids.
If you don't work, then the minimum you will pay is minimum wage at 40 hours per week. If you could make more than min. wage then you might be ordered to pay more.
How much your ex makes is irreleveant.
Visitation is a totally separate matter. You can file to enforce or modify visitation.
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