Legal Question in Family Law in Texas
Child Support Modification
I was divorced in Louisiana but have lived in Texas for 11 years now with my son. There has been no child support increase and father was never ordered to pay 50/50 medical/dental not covered by insurance. A lawyer told me that I needed to contact the Atty General's office for the child support. She also told me that my child support could be decreased because the father now has three other children in his new marriage and that would probably reduce my support. My child has some medical issues and I am paying for all that insurance does not cover. It is possible that my support could be decreased? I know he makes much more than he did when the initial support was ordered. Thank you.
1 Answer from Attorneys
Re: Child Support Modification
I am not licensed to practice law in Louisiana so I cannot address your Louisiana divorce issues.
I can answer your questions based on Texas law.
Your current child support is probably based on 20% of his guidelines as established by the State of Texas.
Now that he 3 other children, your child support percentage would be reduced to 14.75%. If his income has increased dramatically, you might actually see an increase in support. If his income is the same, then it might be reduced.
You need to follow your final decree of divorce regarding his reimbursement of all uninsured medical expenses.
These days in Texas each parent is responsible for 50% of the uninsured medical.
If he is ordered to pay and does not, that is a contempt matter.
If you want a change in child support, that is called a modification.
I hope this helps.
Happy Easter!
Fran Brochstein
713-847-6000
www.familylaw4u.com
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