Legal Question in Family Law in Texas

revocation of child support

my 12 yr old son has been living with his dad since the middle of the past school year because of behavior problems, now he is taking me to court to revoke the child support he pays me for our son and daughter (14yr). he says it is because our son lives with him most of the time and why should he pay me child support when i have our daughter living with me and our son living with him. i buy my sons clothes, shoes, i have paid for the kids health insurance for about 5 or 6yrs without reimbursement even though the decree says he is supposed to pay all of it. i foot the bill for all doctor and dentist appointments and medicine without any reimbursement. can he do this and what should i do?


Asked on 6/18/04, 3:58 am

2 Answers from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: revocation of child support

As usual, Fran's answer was perfect. I would add that if your son has very serious behavioral problems that require professional help and extra expenses, that would be considered by the court. Do not go to court by yourself. Hire an attorney to go with you. I do not know "Fran" but I have read many of her answers on this website. They are always wise advise. If not Fran then check with the local bar for a referral. It will save you much more than it costs you. Good luck.

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Answered on 6/19/04, 1:35 am
Fran Brochstein Attorney & Mediator

Re: revocation of child support

You have 2 separate issues.

1. Reimbursement for items he was ordered to pay in the Final Decree of Divorce -- send him a itemized list of all unreimbursed medical bills and an itemized list of all monthly medical premiums he was ordered to pay. I would also send it first class too - I would pay the $1 at the post office for "proof of first class mailing" to be able to show a Judge you really sent it to him.

If the certified copy is returned unclaimed, don't open it. You will need it as proof that you sent it to him. If the first class copy is NOT returned - then it can be assumed he received it.

Since you should have been doing this monthly, you need to give him more than 10 days to pay these bills.

If he does not pay, you can file contempt on him and ask the Judge to order him to pay you or go to jail.

2. Reduction in c.s. -- USUALLY the court will calculate what you should pay him and what he should pay you. If there is a difference, the court will USUALLY order one parent to pay the other parent the difference.

Example: One parent makes $12,000 a year and one parent makes $100,000 a year - obviously their 20% of their net income would be very different.

I hope this information is helpful to you.

You need an attorney to assist you!!!

Fran Brochstein

www.familylaw4u.com

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Answered on 6/18/04, 9:44 am


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