Legal Question in Family Law in Texas

I have a few questions about my situation, Ill try and make it as brief as possible. I have two wonderful children that live in dallas, tx I live in El Paso, tx. I have to go pick them up and drop them off everytime I want to see them, before I would pick them up every two months or so before my daughter started school, now i get them every 6 months or so.

I don't make very much money, I pay 300 a month on child support, I make 800 a month, still have to pick them up and when I do have them the child support which is for the children she still keeps even though I have them. I am wondering if there is something that I can do to make it easier, I dont want all the benefits, I don't mind meeting half way, or Ill go all the way but reduce the child support, or even Ill go all the way and pay the 300 if I can atleast claim one child. Is there anything that I can do to make it easier I feel like am being taken advantage of fully and would like to know if there is anything I can do on my part.

Thanks again, javier


Asked on 1/08/13, 6:04 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

It depends on where the children were when the orders were entered by the court. If the children lived in El Paso and MOTHER relocated to Dallas, you can ask the court to divide the cost of transportation between you in a fair manner. If the children lived in Dallas and YOU moved to El Paso afterwards, then you probably won't have much luck on this issue.

Technically, a state court judge cannot give you any relief through claiming a child on your taxes. It has to do with the Supremacy Clause of the US Constitution. Judges do it all the time, but it's not binding on the other parent.

Your child support seems high, based on your income. If child support was set through an AG proceeding, you probably got beat up a little. Have you sought a review through the AG to have your support lowered?

Good luck!!

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Answered on 1/09/13, 10:25 am


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