Legal Question in Family Law in Texas

settlement agreement

I have an settlement agreement (S.A.). The final decree is being prepared. In the court approved S.A. there is one sentence concerning child support for my 2 kids as follows: ''* will pay child support to * in the amount of $1200 per month, beginning January 1, 2009..''. That is the only reference to child support. All it says is the amount I will begin to pay next January. Her lawyers position is that this means I will pay the full amount for the next 15 years (until they both graduate high school) regardless of the circumstances. Example 1 - if, God forbid, something were to happen to my 6 year old son next year, I am still obligated to pay the full amount for two children ($1200) for the remaining 15 years. Example 2 - If I take normal retirement in a few years, the way he's wording the decree, I would lose any request made to reduce child support due to my income being reduced due to taking normal retirement. I think he is taking a simple statement in the s.a. specifying the start date and amount and trying to stretch it so that I would have to pay 10's of thousands of dollars extra in child support. Is he correct that I am stuck with paying the full $1200 regardless due to the wording in the S.A.? Thanks


Asked on 6/02/08, 12:28 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: settlement agreement

This is a standard phrase, and if the settlement agreement reflects a mediated agreement, then there is standard language to reflect a reduction when there is only one remaining child. If and when your income changes, then you file a Petition to Modify the support based upon the changed circumstances. Are you not represented by counsel? If not, you should be, as reviewing the Final Decree should be done by a lawyer.

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Answered on 6/02/08, 10:44 pm


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