Legal Question in Family Law in Texas

modifcation of child support

i have 3 chilren with my ex and get 400.00 a month he had a chlid with someone else later she is getting over 600.00 for 1 my ex has been paying but not though court as ordered

the current order at back says that if you don't pay as ordered it is consaider a gift so can this be done


Asked on 10/07/02, 7:57 am

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: modifcation of child support

You may be confused by several Family Code concepts, but IF your ex is paying $600 for another child and IF that is pursuant to the Family Code guidelines, then you should be able to get a modification to significantly increase your support.

As to paying other than through the court, I don't understand. Is it you or the other mother that is being paid that way? If it is you, then you may be entitled to more support, but I would warn you that even though the Family Code and the order say that, most judges will still take the actual payments into consideration. If you mean that he pays the other mother more than required by the court, then that is his right. You can, of course, argue that if he has that much money, he should pay you more, but the facts of your case will determine the result.

You need to give all of your facts to an attorney so that he or she can properly advise you.

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Answered on 10/07/02, 11:33 am
Larry Lee Larry Mason Lee

Re: modifcation of child support

Your description of the situation leads me to the belief that you should file a Motion to Modify (increase child support) together with a Motion to Enforce and Reduce Arrearage to Judgment.

You are entitled to receive child support based on current earnings and you are entitled to have the support payments made through the local child support office.

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Answered on 10/07/02, 12:36 pm


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