Legal Question in Family Law in Texas
Child Support
How much does it generally cost to have child support restructured? When I divorced in 2005, his income was much lower than it is now. My ex was paying $900/mo for 3 kids. According to the decree, he would stop payment when they reached age 18 or graduated from high school. He has ceased payment for the eldest son, who is now 19 and declines to give any support toward his college costs. He now pays only $750 for the two remaining kids, who are 17 years old.
Can I get more money? Can it be stipulated that he contribute toward the eldest's education? And what about the summers when my son moves off of campus and lives at home? Thank you.
1 Answer from Attorneys
Re: Child Support
How much it would cost depends on how much opposition there is to the motion to modify. Child support is calculated as a percentage of "net resources" which means (basically) take-home pay after deducting his taxes and any medical insurance premium he's paying. With two kids, the percentage is 25% of his net resources up to $6,000. For example, he is now paying child support based on net resources of $3,000 (25% of $3,000 is $750). Unless there is something else going on, he should agree to the child support increase to avoid attorney's fees. Incidentally, if you are going to file for an increase, you ought to do it right away. Retroactive child support can be ordered only back to when a motion to modify is filed. There is no requirement in Texas to pay for college or to pay extra in the summer.
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