Legal Question in Family Law in Texas

Child Support modification Hearing

I have a hearing set for 2 weeks from today. The non custodial parent is requesting to modify C.S. He has a new 6 month old son & our 2 y/o daughter. He CLAIMS to be earning $1400/mth after taxes & $1216 after insurance deduction. Is it possible he can lower the payment by more than half? IF he does then I don't know how I'm going to be able to afford child care in order for me to go to work. If I loose my job then we have no where to live or nothing to eat. Would a judge really do that?


Asked on 4/04/07, 4:18 pm

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Child Support modification Hearing

In Texas Child support is based on net resourses of the payor. If his only resource is his income he can get the support adjusted if the previous support order was based on a greater income. However, there are restrictions as to how often support can be modified. Also if you have evidence of other resources besides income, you need to bring it to the judge's attention. You need to get a lawyer to help you with this.

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Answered on 4/04/07, 4:48 pm
James Grissom Law Office of James P. Grissom

Re: Child Support modification Hearing

Child support is based upon a formula. Since he has a new child that he is supporting in his new home, the percentage applied to his income will be less. If his income is less, why is that? Sensible people do not try to lower their income just to keep from paying child support, but not every body is rational. Check out that insurance figure, he should only get credit for that amount for the children, nor for him and his new wife.

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Answered on 4/05/07, 5:58 am


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