Legal Question in Family Law in Texas

Retroactive child support

Divorced since 1996. I have paid child support that was ordered by the court since that time. My ex-wife has now informed me she wants 4 years of retoactive child support This would be 20% of my net income for theose years that I did not pay more then the original amount becasue the child support was never recalculated for the raises in salary I received over those years.

She read the family code 154.131 to get the encouragemnt to ask for this. I read section 154.009 and it does not seem I should have to pay this.

Could you tell me if it is cut and dry or not? She has remarried I have not. Never missed a payment, taken out of my pay check by my company. I am also willing to not go to court and pay the difference now with a check to pay 20% of my net income at this time.

She never asked before for the child support to increase and I did not offer.

Thanks


Asked on 8/19/04, 4:45 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Retroactive child support

I know that you want me to assure you that this is a SLAM-DUNK!

Unfortunately, your ex-wife can file for a modification. She can ASK for anything and everything. Whether or not she gets it, is up to the Judge.

Broadly -- not specifically -- answering your question -- since you've been ordered to pay your child support in the final decree in 1996, she can modify her increase to the DATE SHE FILES FOR A MODIFICATION.

That said, sometimes it's cheaper to "cut a deal". I always look at what my legal fees will be versus what benefit you will receive for my time spent.

If you receive any papers, run -- don't walk -- to an attorney.

If you live in the Houston area, give us a call.

We offer a free phone consultation and price quote.

Our deposits are low and then you enter into a weekly payment plan with us. If you overpay, we REALLY DO write a refund to you at the end of the case.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 8/19/04, 5:00 pm


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