Legal Question in Family Law in Texas

Child Support reevaluation

My husband is the custodial parent. After several years of non-payment of child support from his ex-wife we agreed to reduce the monthly child support payment to $100 (after all back support was paid). Four years have now passed. Ex-wife is unemployed and lives on some sort of government disability for supposed medical issues that prevent her from working. Since she lives on disability checks, can we still have the child support reevaluated to obtain more per month, or is she ''protected'' because of the supposed disablity? Does our daughter have a right to a portion of ex-wife's monthly government allotment thru child support?


Asked on 12/04/04, 12:17 pm

1 Answer from Attorneys
Betsy Lambeth Betsy F. Lambeth

Re: Child Support reevaluation

Generally, if a recipient of government support is required to pay child support, the government will assign a portion of the recipient's benefits for child support. The court will either set support based upon what the government has determined as the allotted child support amount or will look at the person's benefits and then calculate child support amount due as if the benefit amount were actual income.

Please call if you have any questions.

Betsy F. Lambeth, Attorney At Law,

[email protected],

www.betsylambeth.com,

512-255-7191

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Answered on 12/04/04, 2:58 pm


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