Child support modification in Texas

I have recently opened a case with the Texas Attorney Generals office
to request a review of the amount of child support my EX pays. It has
been 10 years since the original amount was set, and I know that my EX
makes at least twice as much as he did when it was set. He currently
pays $550 a month for two kids, which was based on $32k. I asked him
to voluntarily agree to an increase of $150, and I would file the
modification with the courts, but he refused. He admitted that I
could easily get more money from him, but said that he wouldn't do it,
I would have to take him to court. Which is why I am doing so.

I know that he makes at least $70-$75k a year now. According to the
guidelines after taxes for two kids, he could be forced to pay
$1000.00+ in child support. I don't know why he wouldn't agree to
paying $700?

I've filed all the paperwork, and have provided the AG's office with a
copy of the original divorce decree, and sent in an affidavit showing
payments that my EX has made directly to me (which is all over the
past 10 years). I've been told that I would receive a notice in the
mail of the court date when it is set.

So, I'm assuming my EX will be served papers to appear in court for a
child support review. I'm wondering how the AG's office handles it if
the other parent conveniently avoids being around or available for the
subpeona to be served? I'm sure that my EX will avoid being served,
just to prolong the time until he has to pay additional child support.
Has any other custodial parents been through this? How does the
Texas courts look at a child support increase when the non-custodial
avoided or prolonged the court hearing?

Any others that have been through a child support modification with
the Texas AG's office, please let me know how it has gone for you.

Thanks!

I'm not in Texas but in Michigan, they just mail a letter telling him to
show up. If he doesn't, then they have to go through a whole procedure
to prove that he hasn't moved, been out of the country or some other
reason that would cause him to not get the letter (they want to make
sure he can't say "I didn't get the letter"). If all that checks out he
could be in contempt of court and a bench warrant issued. I don't think
they would just change the amount of the CS without any proof of his
income but don't hold me to that.

Keep in mind that all this will really **iss him off so if you had a
"decent" relationship regarding the kids before, it's going to be toast
now. Also remember that the courts will be looking at your
income/expenses too. You may not come out as well as you think. I
would suggest you come up with a really good statement as to why you
need this additional money, like college funds & such. If that's not
why you are doing this, then DONT!

Zimm

Leslie wrote:
I have recently opened a case with the Texas Attorney Generals office
to request a review of the amount of child support my EX pays. It has
been 10 years since the original amount was set, and I know that my EX
makes at least twice as much as he did when it was set. He currently
pays $550 a month for two kids, which was based on $32k. I asked him
to voluntarily agree to an increase of $150, and I would file the
modification with the courts, but he refused. He admitted that I
could easily get more money from him, but said that he wouldn't do it,
I would have to take him to court. Which is why I am doing so.

I know that he makes at least $70-$75k a year now. According to the
guidelines after taxes for two kids, he could be forced to pay
$1000.00+ in child support. I don't know why he wouldn't agree to
paying $700?

I've filed all the paperwork, and have provided the AG's office with a
copy of the original divorce decree, and sent in an affidavit showing
payments that my EX has made directly to me (which is all over the
past 10 years). I've been told that I would receive a notice in the
mail of the court date when it is set.

So, I'm assuming my EX will be served papers to appear in court for a
child support review. I'm wondering how the AG's office handles it if
the other parent conveniently avoids being around or available for the
subpeona to be served? I'm sure that my EX will avoid being served,
just to prolong the time until he has to pay additional child support.
Has any other custodial parents been through this? How does the
Texas courts look at a child support increase when the non-custodial
avoided or prolonged the court hearing?

Any others that have been through a child support modification with
the Texas AG's office, please let me know how it has gone for you.

Thanks!

Several questions have to be answered before I can give you a correct
assumption of what to expect.

1. ) What do you base his income on? Do you have any facts like paystubs,
tax returns?

2.) Are you married?

3.) Is he married?

4.) Does he have any other children?

5.)What is your gross monthly income.

6.) What is your new spouse or live-in B/Fs gross monthly income.

7.) How much time do you allow him to spend witht he children each month?

8.) Do you own a home?

9.) Does he own a home?



"Leslie" wrote in message
om...
I have recently opened a case with the Texas Attorney Generals office
to request a review of the amount of child support my EX pays. It has
been 10 years since the original amount was set, and I know that my EX
makes at least twice as much as he did when it was set. He currently
pays $550 a month for two kids, which was based on $32k. I asked him
to voluntarily agree to an increase of $150, and I would file the
modification with the courts, but he refused. He admitted that I
could easily get more money from him, but said that he wouldn't do it,
I would have to take him to court. Which is why I am doing so.

I know that he makes at least $70-$75k a year now. According to the
guidelines after taxes for two kids, he could be forced to pay
$1000.00+ in child support. I don't know why he wouldn't agree to
paying $700?

I've filed all the paperwork, and have provided the AG's office with a
copy of the original divorce decree, and sent in an affidavit showing
payments that my EX has made directly to me (which is all over the
past 10 years). I've been told that I would receive a notice in the
mail of the court date when it is set.

So, I'm assuming my EX will be served papers to appear in court for a
child support review. I'm wondering how the AG's office handles it if
the other parent conveniently avoids being around or available for the
subpeona to be served? I'm sure that my EX will avoid being served,
just to prolong the time until he has to pay additional child support.
Has any other custodial parents been through this? How does the
Texas courts look at a child support increase when the non-custodial
avoided or prolonged the court hearing?

Any others that have been through a child support modification with
the Texas AG's office, please let me know how it has gone for you.

Thanks!

Why is it that men with custody rarely ever even ask for child support and
when they do ask and its granted very few women ever even make one payment
but when I woman gets custody and of course asks for as much money as she
can get and then constantly wonders if she can get more? Do you work? Are
you contributing $550 a month solely towards the kids as he is? Will you be
contributing a $1000 if you get it from him? Or are you just punishing him
via family courts for no longer being with you? This world is full of women
who don't work, collect welfare, rarely give the father even his court
ordered visits, rarely or never give him any extra time with them but when
she wants a better brand of cigarettes she decides to stick the First State
Bank of DAD for a little more. Why don't you leave the situation alone, get
over him (its been ten years) stop punishing him and work on your own life
till you can get it to a point where you are dependable on yourself. Think
of how your kids would respect you when they get older and realize that
instead of depending on the mailbox to provide for them you went out and
made a life for them on your own. The money their dad sent went to a college
fund or emergency fund instead of supporting you. Your daughter would grow
up with a respect for family and marriage and not walk out of that marriage
the first time she didn't get her way realizing that she could punish him
with child support and with holding visits and your son would grow up
respecting women not looking at them as weak and greedy and capable of using
children as debt hostages. If more people in your situation would make that
move we would see an upswing in 1 or 2 generations towards a better humanity
and regain respect and kindness for each other and the family values this
great country once had before it became a cesspool of broken homes and
broken kids growing up without respecting themselves or anyone else. Think
about the power you have to improve this world starting with your own kids.
Is your hatred for him worth the cost to your kids? Only you can decide.


"Leslie" wrote in message
om...
I have recently opened a case with the Texas Attorney Generals office
to request a review of the amount of child support my EX pays. It has
been 10 years since the original amount was set, and I know that my EX
makes at least twice as much as he did when it was set. He currently
pays $550 a month for two kids, which was based on $32k. I asked him
to voluntarily agree to an increase of $150, and I would file the
modification with the courts, but he refused. He admitted that I
could easily get more money from him, but said that he wouldn't do it,
I would have to take him to court. Which is why I am doing so.

I know that he makes at least $70-$75k a year now. According to the
guidelines after taxes for two kids, he could be forced to pay
$1000.00+ in child support. I don't know why he wouldn't agree to
paying $700?

I've filed all the paperwork, and have provided the AG's office with a
copy of the original divorce decree, and sent in an affidavit showing
payments that my EX has made directly to me (which is all over the
past 10 years). I've been told that I would receive a notice in the
mail of the court date when it is set.

So, I'm assuming my EX will be served papers to appear in court for a
child support review. I'm wondering how the AG's office handles it if
the other parent conveniently avoids being around or available for the
subpeona to be served? I'm sure that my EX will avoid being served,
just to prolong the time until he has to pay additional child support.
Has any other custodial parents been through this? How does the
Texas courts look at a child support increase when the non-custodial
avoided or prolonged the court hearing?

Any others that have been through a child support modification with
the Texas AG's office, please let me know how it has gone for you.

Thanks!

"Leslie" wrote in message
om...
I have recently opened a case with the Texas Attorney Generals office
to request a review of the amount of child support my EX pays. It has
been 10 years since the original amount was set, and I know that my EX
makes at least twice as much as he did when it was set. He currently
pays $550 a month for two kids, which was based on $32k. I asked him
to voluntarily agree to an increase of $150, and I would file the
modification with the courts, but he refused. He admitted that I
could easily get more money from him, but said that he wouldn't do it,
I would have to take him to court. Which is why I am doing so.
====
You're taking him to court to get more money because he makes more money
now?
What are your expenses for the kids? Do you spend more than $1100. a month
on the kids
(assuming you are contributing *your half* of their support)?
(More Below)
===

I know that he makes at least $70-$75k a year now. According to the
guidelines after taxes for two kids, he could be forced to pay
$1000.00+ in child support. I don't know why he wouldn't agree to
paying $700?
===
Maybe because the guidelines are based on an artificial "standard of living"
that has no relationship to the custodial parent's actual costs for the
kids' needs.
Just because the guidelines state that he *should* be paying a certain
amount, does not
mean that your children have a need for that amount of support. There is no
reason
he should have to shoulder more than half of the childrens' actual needs.
Have you
determined the dollar outlay you actually spend on the kids and then divided
that
amount between you and your ex? My guess is that if you do that, you will
find that he is already paying
a fair share of the childrens' costs. You have a choice to get every dime
the court will give you and strain the relationship between the kids and
their father or you can appreciate that he is paying his fair share and not
cause the undue strain on that relationship. What is more important to you?
What is more important to the kids? Who wins and who loses in your plan of
action?
===
===

First of all I was asking for information on the process of going
through the Texas AG's office. I will address the questions and
bashing, however, if there is anyone that has actual experience of
working with the AG's office for a modification of child support
(increase or decrease) I would still like to hear from you.


In response to your questions. First of all the calculation for Texas
is based on the ncp's income after taxes. 20% for the first child, 5%
for each additional child, but no more than 50% of net pay. Plus new
children of the ncp's can reduce the total percentage. The ncp's
spouse's income is never considered. The cp's spouse's income is
never considered. The state guidelines do not include the cp's income
either. However, I understand that a judge can rule differently than
what the state guidelines are, but history of the rulings rarely show
that they vary from the state guidelines.

Before I answer all of the questions, I'd like to point out a few
things. When we divorced 10 years ago he was at that time making
$40k-$45k a year. With his income at that time, along with his other
assets that he took from the divorce my lawyer wanted me to go for
$1000 a month child support. I did not want to cause him hardship
with paying child support, so I chose to only ask for $550 a month.
$550 a month for two kids is what an ncp would normally pay based on
$32k salary in Texas.

In the 10 years that we have been divorced I have NEVER asked my EX to
pay any extras. I understood that the child support was all that I
got, and never asked for any more. My children played at least 2 or
more sports every year, had decent clothing, a good education, prompt
medical, vision, dental care, etc. Even though I knew then that my EX
could be paying more, I never asked for more. He did provide
insurance and sometimes paid his 1/2 of uninsured medical expenses,
but most of the time I didn't ask for that either. Plus, because I
work for the same company, I know for a fact that the insurance
coverage is not expensive as it sometimes can be. To cover the
employee and two dependents for medical, dental, and vision is less
than $100 a month. Even though our "standard" custody order stated
that my EX was supposed to provide all clothing and personal items for
the children when he had visitation, I always sent them with clothes
and personal hygiene items. I always sent clothes, and most of the
time they were not returned, so I had to replace things like underwear
and socks every other month. But I still sent clothes with them
because I knew my EX didn't want to spend the $$ to have clothes for
them at his house. When my children were younger and required day
care or a babysitter my EX refused to exercise his visitation if it
ever fell on a weekend or holiday that he had to work. I never had a
problem with that, even though I could have told him tough luck, hire
a babysitter like I have to when I work. In 10 years my EX has never
exercised his full month of July visitation. He always had the excuse
of "I have to work and don't have a babysitter". Yeah, he had to
work, so did I every month of the year, and I had to pay for child
care. Once the kids were old enough to stay home by themselves he
still never did his full visitation. So he has never had the
additional expense of having his children full time during extended
vacations.

So, after 10 years of getting FAR less child support than I could, I
asked my EX to contribute $150 a month more. It would have been $75
more out of each of his paychecks. After 10 years of him knowing that
he was paying far below the state guidelines (he readily admitted this
to me) he still refused to pay a cent more. After 10 years of him
never having to buy a pair of socks or underwear or jeans or t-shirts
for the kids to have at his home, because I provided everything, he
still refused to pay a small increase.

Yes, I am forced to take him back to court to get him to contribute a
little more to his kids support. I do not intend on taking the entire
amount that I could get, but he will understand that he should have
taken the initial offer of an increase of $150. Plus, how many
children actually move out of their parents house the day after they
turn 18 or graduate from high school? How many custodial parents are
able to stop feeding, housing, or providing medical care to their
children the day after they turn 18 or graduate from high school? Not
many. Of course I would be well within my LEGAL rights to cut off any
and all support to my children when that day comes, pack their bags
and escort them out of the house, but that will not happen. I will
have support expense long after the day of emancipation than my EX
will. My children will be going to college and I will do my best to
help them out. They will have to work, and possibly get student loans
or grants, but I will still have to help them out. Yet their father
will be completely and totally off the hook to ever spend another dime
on them once that day comes. Sure, most will say why should he
continue to support an adult, which is true. However, no decent
parent is going to give their child an unconditional boot out the door
the day they turn 18 or graduate from high school.

So, regardless of any opinions of me being a money hungry ex-wife. I
know myself that I have been MORE THAN FAIR and considerate of my EX's
financial obligations to his children. He NEVER had a problem with
benefitting from me sending clothing and personal items with the kids
for every other weekend visitation for the past 10 years. He NEVER
had a problem with me never uttering a word about him not exercising
his summer vacation, thus him saving hundreds of dollars in child
care, and me paying hundreds of dollars for child care instead. He
NEVER had a problem when I didn't bother to ask him for his half of
what the vision insurance didn't cost. He NEVER had a problem giving
me his sob story of why he couldn't pay hundreds of dollars in medical
expenses that accumulated, of which I had already paid out, and have
never gotten reimbursed for. Even though I have been considerate over
the past 10 years, I ask for a little bit more in child support, and
all of a sudden I am the evil money sucking one? Whatever...


1. ) What do you base his income on? Do you have any facts like
paystubs,
tax returns?

We work at the same company and he has the same job level and title
that I have, plus he has been at the company for 8 years longer than I
have been. Our company has salary levels for each job level and
title. Therefore, I am able to estimate what his salary is. He has
not told me what his salary is, but I have a very good idea what it
is.

2.) Are you married?

Yes, but Texas doesn't consider the CP's new spouse's income.

3.) Is he married?

Yes, but Texas doesn't consider the NCP's new spouse's income or
expenses.

4.) Does he have any other children?

Yes, he and his wife have a child together. I understand that this
will reduce the percentage that the calculation will be based on.

5.)What is your gross monthly income.

$68k, but it is not used in the calculation.

6.) What is your new spouse or live-in B/Fs gross monthly income.

Doesn't matter. This would never be considered in the calcuation in
Texas.

7.) How much time do you allow him to spend witht he children each
month?

I have never restricted his visitation, he has always been welcome to
see his kids any time that he wants.

The court ordered visitation is the 1st, 3rd, and 5th Friday 6pm -
Sunday 6pm. Wednesday evenings 6-8pm. The entire month of July.
Every other Spring break, every other Thanksgiving, we split Christmas
break.

However he never exercises the entire visitation that he could. He
does the 1st, 3rd, and 5th weekend. Never once in 10 years has he
done a Wednesday visitation. For the first 7 years he never did the
entire month of July, just did the eow throughout the summer.
Occassionally has the kids some of the time during their Spring Break,
but most of the time they stay with me or I take them on vacation
because their Dad doesn't do his visitation. He does use his
Thanksgiving and Christmas visitation. Oh, and btw, he has always
lived within 20-30 miles of me, so it's not an issue of long distance,
plus he drives within 2 blocks of my home every night on his way home
from work.

8.) Do you own a home?

Yes

9.) Does he own a home?

Yes

Matt,

I have no control over how the courts rule when a woman is ordered to
pay child support, so I'm not sure why you are blaming me for this. I
also do not see why I should not accept child support from my kid's
father just because there is another father out there that isn't
getting child support from his children's mother. Am I also to blame
for every divorced woman that is receiving alimony?

I have never been on any form of public assistance, and I don't smoke
or drink or have any other vices that I spend child support on every
month. On the contrary, my children are very well taken care of and
are active in many extra curricular activities. They both make very
good grades in school.

I have worked since the summer I turned 15 and lied about my age to
get a part time job. When I divorced my EX I made less than half his
income, yet I settled for a lower amount of child support. During the
first few years of our divorce I went to night school to further my
education and get a better job, and provided child care when I did so.
My Ex was and is always given the opportunity to have his kids
anytime that he would like. On the rare occassions that I asked him
to keep the kids, like when I was going to school at night, he refused
time with them. He was happier having his children with a babysitter
than getting to see them more than every other weekend.

I divorced my EX and happily moved on the day that I finally got him
to move out of the house that we were renting. He had no interest in
even pursuing joint custody, he willingly gave me full physical and
legal custody of our children. He gladly accepted having visitation
only and minimal rights to his children while they were in his
custody. His only concern when we divorced was in paying as little
child support as possible. He didn't even bother getting a lawyer,
never gave any input on what visitation he wanted, never uttered the
words custody. He wanted no part of being forced to actually
physically take care of his children. He was more than happy to see
them every other weekend, and most of the time had excuses to get out
of that. If he would have had an interest in his children and wanted
joint custody or any shape or form of custody at all I would have
willingly negotiated this with him. As I stated in an earlier post,
he never even uses his summer visitation with the kids.

My EX was the one that took forever to move on with his life. If he
ever got wind that I was dating anyone, he would immediately stop
using his visitation, because he was scared I'd have a free evening.
When I moved to be closer to my family and job, he made a point to
move two blocks from me, even though it made his commute to work a
little over an hour, rather than the 25 minutes from where he was
living. His reasoning was that he wanted to see his children more.
What a joke. Even though he lived two blocks from us, and his
schedule at the time for work was working 12 hour nights Sunday,
Monday, and Tuesday only, he never once spent extra time with his
kids, never once exercised his Wednesday evening visitation, and most
of the time I had to call and remind him that it was his weekend to
have the kids. Rather than spend some time occassionally with his
kids on a Thursday or Friday, he let them stay with a babysitter. He
wouldn't even let the kids get off the school bus at his house on
those days when they asked him if they could because they wanted to
see him.

So, as you can see, I'm in no way what you describe me to be. It is
not my fault that there are men that are screwed by their ex's not
paying court ordered support any more than it is your fault that so
many women can never seem to get child support from their ex's. Many
people are screwed by their ex's and the legal system every day. That
doesn't mean that those of us who are abiding by the laws, or not
enforcing the laws to their extent are wrong.

"Matt" wrote in message ...
Why is it that men with custody rarely ever even ask for child support and
when they do ask and its granted very few women ever even make one payment
but when I woman gets custody and of course asks for as much money as she
can get and then constantly wonders if she can get more? Do you work? Are
you contributing $550 a month solely towards the kids as he is? Will you be
contributing a $1000 if you get it from him? Or are you just punishing him
via family courts for no longer being with you? This world is full of women
who don't work, collect welfare, rarely give the father even his court
ordered visits, rarely or never give him any extra time with them but when
she wants a better brand of cigarettes she decides to stick the First State
Bank of DAD for a little more. Why don't you leave the situation alone, get
over him (its been ten years) stop punishing him and work on your own life
till you can get it to a point where you are dependable on yourself. Think
of how your kids would respect you when they get older and realize that
instead of depending on the mailbox to provide for them you went out and
made a life for them on your own. The money their dad sent went to a college
fund or emergency fund instead of supporting you. Your daughter would grow
up with a respect for family and marriage and not walk out of that marriage
the first time she didn't get her way realizing that she could punish him
with child support and with holding visits and your son would grow up
respecting women not looking at them as weak and greedy and capable of using
children as debt hostages. If more people in your situation would make that
move we would see an upswing in 1 or 2 generations towards a better humanity
and regain respect and kindness for each other and the family values this
great country once had before it became a cesspool of broken homes and
broken kids growing up without respecting themselves or anyone else. Think
about the power you have to improve this world starting with your own kids.
Is your hatred for him worth the cost to your kids? Only you can decide.


"Leslie" wrote in message
om...
I have recently opened a case with the Texas Attorney Generals office
to request a review of the amount of child support my EX pays. It has
been 10 years since the original amount was set, and I know that my EX
makes at least twice as much as he did when it was set. He currently
pays $550 a month for two kids, which was based on $32k. I asked him
to voluntarily agree to an increase of $150, and I would file the
modification with the courts, but he refused. He admitted that I
could easily get more money from him, but said that he wouldn't do it,
I would have to take him to court. Which is why I am doing so.

I know that he makes at least $70-$75k a year now. According to the
guidelines after taxes for two kids, he could be forced to pay
$1000.00+ in child support. I don't know why he wouldn't agree to
paying $700?

I've filed all the paperwork, and have provided the AG's office with a
copy of the original divorce decree, and sent in an affidavit showing
payments that my EX has made directly to me (which is all over the
past 10 years). I've been told that I would receive a notice in the
mail of the court date when it is set.

So, I'm assuming my EX will be served papers to appear in court for a
child support review. I'm wondering how the AG's office handles it if
the other parent conveniently avoids being around or available for the
subpeona to be served? I'm sure that my EX will avoid being served,
just to prolong the time until he has to pay additional child support.
Has any other custodial parents been through this? How does the
Texas courts look at a child support increase when the non-custodial
avoided or prolonged the court hearing?

Any others that have been through a child support modification with
the Texas AG's office, please let me know how it has gone for you.

Thanks!

Yes, I am forced to take him back to court to get him to contribute a
little more to his kids support. I do not intend on taking the entire
amount that I could get, but he will understand that he should have
taken the initial offer of an increase of $150.

How did you come up with $150 increase?



Once the Attorney General is involved in Texas they take control, you have
very little say. They can take away your EX's drivers license and put him
in jail if he falls behind in payments. They constantly harass the NCP with
threatening letters. My brother-in-law recently lost his joband had to
move. He called the Texas Attorney Generals office and gave them his new
address and wanted to set up new payments due to him being unemployed. He
receives threatening letters every week saying they "found him" and they are
taking him to court. Funny because he contacted them first. The Attorney
General is only interested in how much money they can collect becasue it
makes him look good and increased their Federal revenue. I believe they
take a percentage of what they collect.



Your best option is to sit down and talk with your EX again tell him you are
going to contact the Attorney General and see if you can work something out.
It is best for all involved to keep the case out of the courts hands,
especially over only $150. Tell him it is not ruining his life, because the
courts won't leave him alone and no one deserves that.

Your nothing but a whining bitch that thinks she's owed the money!!!
Grow up!

frazil wrote in message
...
A couple of points:

1) The assets he took from the divorce have nothing to do with the amount
of
CS he will pay. Divorce and CS are separate issues. The assets he
recieved
were based on the length of the marriage, not the existence or number of
children.

2) Have you ever tried to get day care for only 1 month? It is virtually
impossible to get day care services for only 1 month because the providers
have more than enough parents who need day care the whole year. The
situation is similar to finding an apartment owner that is willing to rent
an apartment for only 1 month. The reason for this is that landlords and
daycare providers make money when the apartment is rented or the day care
slot is filled. Why fill the apartment for 1 month or daycare slot for 1
month when you can fill it for 12 months. A 1 month situation means you
will have to fill the slot again 1 month later. It just doesn't make
economic sence.

You are totally right on that account. The only chance you have is finding
someone who babysits out of their home, and then you might not be able to
verify anything about that person. It is pretty hard finding affordable care
during summer months too as the only things available are summer camps which
can easily cost $100.00 a WEEK. And that isn't always for just a baby.