Legal Question in Family Law in Texas
I filed an enforcement suit against my ex husband for not paying me half his retirement. He in turn filed a Petition to Modify my divorce decree to pay child support. My son will be 18 in December and will graduate in June of 2018. I know he is doing this to spite me. I have all the text messages to and from my son trying to get him to come stay with me or see me. I also currently pay for his medical/dental/vision and cell phone bill, and have given him plenty of money over the past two years since our divorce. What can I do to stop the child support from going through. Please Help!!!!!!!
1 Answer from Attorneys
If the court ordered that husband split his retirement with you, then, if you have drafted your enforcement correctly, you will prevail on that issue AND can get him to pay your attorney's fees, if any. (You should have attorney's fees because filing enforcement is very technical and it's not easy to get it right.)
The most child support he can get is December through June, assuming you were not ordered to pay child support in the current court order. If you were not ordered to pay support in the original order, then he has to show a material and substantial change in circumstances that can only be resolved by getting support money from you. You can probably win that case if you know how to make the legal argument. But even if you lose, you're looking at 6 or 7 months of child support, which would be based on your actual, provable income.
See the child support calculator at www.jdreview.com/cscalc.html to estimate what your child support obligation would be.
Good luck!!
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