Legal Question in Family Law in Texas
Modifying child custody and child support from a different state.
My ex husband lives in El Paso,TX, and I live in Jonesboro, AR. Our divorce took place in El Paso and stated that he got physical custody of one child and I got physical custody of the other child. Both children (14 & 13 yrs old) now live with me. I would like to get the papers modified to state I have both and support updated since of the custody change and his very large increase of income. Do I have to go through the court where the orignal documents were made? Is there an easy inexpensive way to accomplish this since I am barely getting by?
2 Answers from Attorneys
Re: Modifying child custody and child support from a different state.
You will have to file a motion to transfer in AR. In that Motion you may seek recognition of the current custody arrangement a seek child support for the time that the child that was supposed to be with him has been with you. If you are receiving assistance via Medicaid you might be able to get the AR Atty Genl to assist you. If you are not receiving any kind of welfare or assistance, you might ask for legal aid. Or there are attorneys who will assist you on a contingency basis for a portion of the delinquent child support. If neither of these apply to your situation, you might be able to find an attorney who will accept payments on a pay as you go basis. I know of no cheap easy way to accomplish what you are asking.
Re: Modifying child custody and child support from a different state.
If there are any El Paso Attorneys that read this answer maybe they can help you for a reduced fee. In Texas a child ten or older can choose which parent they wish to live with. Child support should be easy if your ex has proveable income.
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