Legal Question in Family Law in Texas

my ex wants to reopen the child support case because she wants more money. what can i do about that? the only reason she wants to do it is because i want to see my daughter and she wont let me so, now she wants more money. please help me what can i do?


Asked on 4/18/10, 1:11 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Child support is based on your income (from all sources). There aren't any gray areas. If Mom takes you back to Court, the Judge wants to know how much money you make - that's all. The rest is simple mathematics.

If your income has increased, Mom is entitled to get more child support.

I assume that you have a visitation order that Mom is disobeying. When she serves you with her Motion to Modify Child Support, counter-sue her for contempt for disobeying the visitation order.

In the meantime, make sure that you document your visitation attempts. Write letters to Mom (PAPER letters - keep copies) and tell her "I am notifying you of my intent to exercise my court-ordered visitation this coming weekend. I will arrive at your residence to pick up Stephanie on April 30, 2010 at 6:00 pm, and will expect you to have her ready. If you refuse to obey the court order, I will sue you for contempt. I will ask the Judge to put you in jail, and I will ask to be awarded attorney's fees."

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Answered on 4/24/10, 8:04 am
Fran Brochstein Attorney & Mediator

If you want to sit down and talk, I charge $2 per minute to do so. I need a cert. copy of your current court order. Email me at [email protected] to set up an appointment.

She can ask for anything, but your child support is based on your income. It's based on a chart. I agree with the attorney that answered -- it's just math.

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Answered on 4/24/10, 10:57 pm


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