Legal Question in Family Law in Texas
Can we get child support eight years after the divorce.
My husbands ex left 9 years ago. To keep custody of his daughters he waived child support. As cost are getting more expensive, he would like to know if he can get support now. The mother is remarried and is currently a stay-at-home-mom with her new son.
2 Answers from Attorneys
Re: Can we get child support eight years after the divorce.
Yes, your husband can go back and get child support. Given that she is a stay at home mom, the court will presume a wage based on either minimum wage or what she could earn if she choose to be employed. That would depend on her prior jobs and education level, ect. You can also get your attorneys fees and court cost but that is at the discretion of the court. If you need further help, give me a call
Re: Can we get child support eight years after the divorce.
Father can file a motion to modify the child support provisions of the divorce decree and seek modification of child supprt based upon changed circumstances and best interests of the children.
Since the mother doesn't have a job, her child support obligation would be based upon minimum wage and probably be about $200-$225 per month (est.)
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