Legal Question in Family Law in Texas
C.S. Modification Hearing
I previously asked a question on my hearing next monday...
I'm still in question as to what to do. The non custodial parent is requesting to lower Child support.
His defense will be...
1. He has a new child to support.
2. His new job pays him NET $1,400/mth BEFORE CS & ins. deductions.
3. Health insurance is $200/mth.
My defense:
1. Child care cost me $500-$600/mth
2. The cost of living has gone up & rent went up $150. I have a 2 br to accomodate our daughter.
3. As far as ins. I can put her on the SKIP program which is only $25/mth.
What are my chances of convincing the judge ALONE (no attorney) that I am a single mother working on ONE dependable income (because child support is paid here and there) I'm unable to support our child ALONE on what he's giving me now $450 how am I supposed to do it on LESS? I am working 2 jobs and on my 1st job I'm also doing OT (over time) when he JUST started working full time just this past month.. WHAT ARE MY ODDS WITH NO LAWYER? I HAVE $1500 BUT DON'T WANT TO CHANCE IT IF I'M NOT GOING TO BREAK EVEN. he is also behind on medical and child support about $700.00 WHAT ARE YALS THOUGHTS? PLEASE HELP!!!
1 Answer from Attorneys
Re: C.S. Modification Hearing
Child support is based on his income, not your expenses. The new child that he has to support may drop his support obligation somewhat. If his income has decreased from what is was the last time the court ordered child support, he stands a good chance of getting the support lowered. If he is behind on medical and child support, that should be brought to the court's attention.
While it is likely that he may get his support lowered somewhat, an attorney will know when he his pushing the envelope.
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