Legal Question in Family Law in Texas

I live in Texas, I am recently divorced with a joint conservatory on two children, I have them 50% of the time and my ex doesn't work. I'm paying child support based like I don't have them at all. 25% of my income after the childrens medical benefits are deducted from my pay. Shouldn't something be deducted from my child support even though my ex doesn't work since I have them 50% of the time.


Asked on 7/23/15, 8:42 am

1 Answer from Attorneys

If the original custody order has you keeping the kids half of the time and no reduction in child support was made to account for that then you got a bad deal and there may be grounds to modify the order. It's tough in that situation because it is presumed the judge took all relevant factors into account if the judge ordered that arrangement or that you agreed to those conditions at the time the order was signed.

However, if the custody order has you spending less than half the time with the kids and you have taken on more time with the kids than what the order states then there is likely a good case for seeking a reduction in child support due to the change in circumstances following the original order.

Without changing the order you will continue to pay the same obligation so you need to talk to a local family law attorney about making pursuing that change as soon as practical.

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Answered on 7/23/15, 9:24 am


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