Legal Question in Family Law in Texas
Father pays CS & has kids more than mother
I have recently been ''asked'' to return to court for a modification in the Child Support that I pay. (Was served @ my office to the complete disruption by a punk server)
For the past two years I have kept a calendar of the time I have spent with the kids.
Their mother has had ''issues'' with prescription medications and I have thus had the kids more than my ''alloted'' time as spec'd out in the decree. In fact upon review of hte calendar, I have had the kids 56.7% of the days since Sept. 2005.
Even though I am earning about $1200 more per month than when we divorced, is she entitled to an increase in child support with the history of me having them more often?
I would like to find an attorney who could ''settle'' this down to $0 per month changing hands since I have the kids more than half the time. (Ideallly I'd like her to pay me, but that'll happen when pigs fly).
What is the best way to get the kids mother to understand that child support is just that - and not extra money to go to the spa once a week - and for her new shoes.
I keep the kids in clothes because their mother keeps claiming she is ''broke''. I figure this is as good as time as any to ''fight' back.
Any advice would be appreciated.
3 Answers from Attorneys
Re: Father pays CS & has kids more than mother
Child support and visitation are 2 entirely distinct and unrelated items. To equate your time with the children to offset support will not work. Further, you have no say so in how the money is spent. Sorry, that's just the way it is. Be very wary of any attorney that tells you this can be settled for 0 increase. Ain't gonna happen. Good Luck.
Re: Father pays CS & has kids more than mother
Child support and visitation are two different items with no overlapping. As for your children's mother requesting a review of the current child support, the TX Family Code allows for a review every three (3) years or if there has been a "substantial change in circumstances" with the parties. Generally, there are no guarantees with attempting to reduce child support or any modifications. This process is normally trying to limit the increase to a nominal amount. As for you trying to obtain custody of your kids, you can always file a motion to modify the current court order. Additionally, the party who receives the child support does not have to provide an accounting of how the funds are expended on the children. If the children are not receiving the benefit of their child support payments, this may potentially be used to further your claim of why you should be granted primary managing conservatorship. If my law firm can assist you with this legal matter or any other legal issue, please contact my legal assistant Jennifer ([email protected]).
Re: Father pays CS & has kids more than mother
If the TX A G is involved, I strongly urge you to retain an attorney.
If you email me, I'll give you a name or two.
Good luck!
Happy Holidays!
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