Legal Question in Family Law in Texas

My Ex and I have been divorced since 2009, our divorce papers stated that he would have visitation every 1-3-5 weekend, the standard visitation... well he has not once tried to get him on his weekend.. He does see him on thrusdays... and when it comes to his holidays, the ex's takes our son and drops him off at his mothers which lives 3 hours away, and spends no time with him...I have been trying to get him more envolved with his son, I only work two days a week and on at least one of those days I have managed to get my ex to take him to school... and most recently our son was ill, we did not get home till late because I had to work.. He had a bottle of medicine that was need, I asked him to bring it over he did, but Know he is questioning why he should do things like this, because that is what he pays child support for... It is upsetting for my son... not to see his dad... I have done every thing I can to encourage my ex to spend more time with him. Do you think the court would do a modification, stating since the ex is not honoring the court ordered visitation that he have to pay child care for the weekends he is suppose the have our son but does not show up?


Asked on 9/08/10, 9:16 am

1 Answer from Attorneys
TC Langford Langford Law Office

When a parent misses visitation to a significant degree, such as you described, the Code provides for asking for child support in excess of the guidelines to compensate for the increased expenses for the other parent.

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Answered on 9/13/10, 9:24 am


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