Legal Question in Legal Ethics in Texas

Re: Child custody payments

Dear William:

Family law varies from state to state so you need to consult with a Texas attorney. Generally, most of the states have similar schemes for motions to reduce child support payments which essentially allow for reductions provided the income of the payor spouse has changed through no fault of their own, orthe needs of the children have changed which can serve as a basis for reduction or increase.There are usually provisions for what are called "imputed wages" which means if the court feels the person seeking the reduction has a reduced income voluntarily due to voluntary "underemployment" or is capable of making more than they are making at the time of the reduction motion that can serve as a basis for either denying a reduction or result in an increase despite the actual income. It's not unusual for the person seeking a reduction to find the other spouse counter with a motion to increase as a response. Support reduction is an area of law laden with booby traps for the unknowing so I would suggest your friend gets with an attorney who does a great deal of family law in his area. A knowledge of the particular judge and his or her dislikes, etc. is also invaluable in making an accurate assessment of risk/benefit analysis in these matters.

Hope this helps.