Legal Question in Family Law in Texas

Your ex's increased earnings will factor directly into the guideline support but also suggests, as in the divorce, he has the resources to pay above guideline support for your son's medical needs.

Your ex is likely to argue that an increase is unnecessary because your new spouse provides you an opportunity to work part time so maybe you could work more hours but choose not to because your new spouse gives you that freedom to work less. That is an argument to overcome but if you can show that your work opportunities are limited by the need to provide personal care to your son then it's an argument you should overcome. The court has already ruled once in your favor on that point. Your new spouse's income should not factor into the child support modification because the new spouse has no support obligation to your son but that does not mean the judge will not consider it. If your new spouse earns a large income then the judge may be less likely to ask your ex-husband to shoulder support beyond the guidelines because your new spouse made a voluntary decision to step in and be a step-parent to your son and your son is getting the benefit of your new spouse's support.

Talk to a family law attorney in your area. They will know the temperament of your local family court judges and after exploring your situation in greater detail they can provide more specific guidance.