Legal Question in Family Law in Texas
Can child support be reduced if the non-custodial parent files for a reduction due to unemployment? If non-custodial parent has savings, retirement, home (equity), car, tools, boat, trusts or other liquid financial assets of value, will a judge in Texas rule in favor of the request for a reduction of child support? Custodial parent is single with one income and pays child care to work; non-custodial parent is married and has a child that resides in their home. The non-custodial parent is drawing unemployment but his spouse has income to help maintain their household. The terms of original court ordered child support was agreed on by both the custodial and non-custodial parents. There is knowledge the non-custodial parent had previous interest in a family business that was sold within the last three years. There is no information on the disposition of assets from the sale. Can court order all financial information be considered, even that of family transactions where individual (non-custodial parent) may be named a beneficiary or trustee? A reduction in child support would significantly change the quality of life for affected child. Seems unfair for a drastic reduction in child support for three year old, especially if there are savings or other assets available. Non-custodian parent should not expect his responsibility to be reduced and continue payments at same amount.
1 Answer from Attorneys
The general answer to your question is: Your judge can take into account all of the factors you've listed. HOW he will take them into account is anybody's guess.
One question would be: These "assets" that Dad has - are they capable of generating an income?
You'll want to do some extensive pre-trial discovery.
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