CS modification in Texas

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CS modification in Texas

Unread postby Texas3Step » Fri Mar 17, 2017 6:08 pm

Been divorced since January 2011, and have a question: do you know if I can modify my child support payments to my ex wife if A: my income has decreased substantially (over 10k) since original order, plus B: her income has increased by 100% since she had no job during original order. She now has a substantial income working as a college professor. Children are 11 and 13.

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Re: CS modification in Texas

Unread postby astrolink » Fri Mar 17, 2017 10:59 pm

Child support is based only on the non-custodial parent's income in TX, unless you have shared custody.

She could win the lottery and it would make no difference.

If your income is $10K lower, you are working full time and it's lower because of something beyond your control (as in, job was forever eliminated) you might get a reduction. If you quit your job for another that pays less, then no chance.
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Re: CS modification in Texas

Unread postby Texas3Step » Sat Mar 18, 2017 10:45 am

There's a question on the modification review form that asks if the mother's income has increased or decreased. That's why I asked. I guess they maybe take it into consideration?

I never quit my job, just got laid off of job I had when orders were made.

Talked to an attorney, he mentioned the income reduction plus the fact I have another child to care for will make a big difference. Hope he's right.
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Re: CS modification in Texas

Unread postby Tom Kirkpatrick » Sat Mar 18, 2017 12:18 pm

Texas is NOT an "income shares" state. Child support calculation is based solely upon obligor's income.

Tex. Fam. Code §§ 154.001 et seq.

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Re: CS modification in Texas

Unread postby dad_76904 » Thu Mar 30, 2017 2:27 pm

although what is said above is in the books, I found it to be different in my case.

Divorced in 2011, in texas. we had agreed upon almost 50/50 custody, but couldn't agree on CS. (now I have 50/50 week/week). by the books, I would have been ordered to pay approximately 1300$ a month. Because we couldn't agree, judge ordered 900$ based on our almost equal parenting time.

What I'm saying is it can be outside the guidelines.
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Re: CS modification in Texas

Unread postby kidsdadt » Sat Apr 22, 2017 7:51 pm

Request a review thru the Texas AG office. Either party is allowed to do this without a change of circumstances every three years. No filing fees for you and you'll get the benefit of the Ag to draft the petition and final order
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