Question About Child Support.....

Updated on October 20, 2008
E.H. asks from Carrollton, TX
9 answers

My ex pays child support for our 2 kids however now that he is knocking someone else up he is requesting a modification to lower the payments. My thought is WHY HAVE MORE CHILDREN WHEN YOU WONT CARE FOR THE 2 YOU ALREADY HAVE? I guess my question is to those who know about child support and the laws.....we can go to court since I disagree but my question is will the court/judge deny his request? what do I do? I want to go to court for this but cannot afford a lawyer! :(

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So What Happened?

Well I spoke with the attorney general and they said that they will review his modification request and that if they approve it then it will change UNLESS I disagree with the modification request....Then they said I would have to go to court. The lady there said "Well he will have to help support his other children" I got mad and said "Ok so he can just continue to have children in hopes that the child support will go down?" She didnt really respond. UGH! I guess I have to wait and see huh? :(

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L.V.

answers from Amarillo on

Hey E.... I have a daughter by a man who has 3 other children before mine, and he pays child support to me and one other lady. He requested a modification and pretty much the judge said that him spreading his "seed of love" around makes no difference... he has an obligation to his children and his payments would not get lowered. In fact, they raised up. I don't know how it will go for you, but I don't see them lowering it much, if even at all. He has responsibilites and has to keep to them. I hope this helps some for you.

L. (Mommy of 2)

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K.H.

answers from Dallas on

Hi sweety, the state sets the amount of child support unless you both agreed on another amount. It doesn't matter if he has 10 kids. I think it's like 17 % of his income. If he wants to get tacky about it go back to court & let a judge set his amount. Then you can also have him pay court cost as well. been there done that & so have both of my daughters. I know it puts them in a tough spot but he made his bed, lol... you know the rest. Don't let him bring you down.
Good luck & God Bless you & yours.

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P.H.

answers from Dallas on

My ex hass 5 kids total. My 3 being the first born out of the 5 and yes your child support lawyer or not will decrease. The percentage in the post below is correct. It stinks but til they make it a law that fathers who have child and can't afford the ones they have get a vasectomy then we all have to live through H*ll!

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P.H.

answers from Dallas on

He can go back to modify the order about every 6 months in some states until the children reaches the age of 18. He can also request that he's more able to support the children and that it would be the best interest of the children to be with him especially if he remarries. I went through this but my ex didn't remarry yet the court took them from me, gave them to him (although I was battered when we were together and he never paid child support as ordered) and I had to pay him 650/mo in child support. It's not about the children it their way of making your life miserable (and they will deal you 18 years of it). If you do not have money for a lawyer you can contact legal aid and they will assist you. I was told by a lawyer after I had accumulated astronomical fees by taking my ex back and forth to court getting his wages garnished or whatever I could to get support that I had to make a decision whether or not my children meant more to me than my house. I would let my house payment, pay some to the lawyer then try to make my house payment. Finally the finance company returned my check to me and put the house in foreclosure. I lost the house and my battle with the children. A couple of years later my ex got tired of them and brought them back home. I had to get a lawyer again to stop my child support from going to him. The court didn't give me back my payments that went to him while I had the children. They said he had paid his bills when he had them and he needed the money to make up the difference. I pray that God will be with you and the children in your decisions.

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S.S.

answers from Wichita Falls on

1. Yes, it's going to go down. It will go from 25% of his net resources to 22.5% of his net resources, according to
http://www.dallas-divorce-lawyer.com/dallas_child_support...

Note that that is a 10% reduction in the amount of your child support.

Is it worth getting a lawyer?

2. I don't know the circumstances of your breakup, but I know my husband is paying for two children from a previous marriage - one of whom he fathered, the other he just took responsibility for knowing that he wasn't the father. The the mother screwed around a few more times and my husband couldn't take it any more.
He left, she went through a few 'friends' of both sexes, and we got married and had children. Should my kids be penalized because his ex was a tramp?

If you qualify for legal aid and they think you have a reasonable case, the representation is free.

S.

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G.F.

answers from Dallas on

Call your attorney, but by law he has to pay a percentage of his annual income, so much for the 1st child, the 2nd, etc. - whether he has 10 people he's with, he's obligated legally to the ones he already has...you go girl!!!

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M.

answers from Dallas on

I would get a lawyer if possible...maybe on retainer and make him pay the fees. Otherwise, you could call Legal-Aid and see if they can help you. They helped my mother-in-law during her divorce for free. Also...as for the money, it is going to depend on the judge and also on his income. If he has the income, I doubt a judge will change it because he made a decision that he can't back up now. Good luck!

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J.G.

answers from Dallas on

Unfortunately he does qualify to get a slight lower cost of child support per he is supporting another child. The state will give him the allowed amount trust me. There is no fight in it because that is just part of the law. Sorry

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D.W.

answers from Tyler on

E.,
I understand your concerns. But from experience that other friends have had... he would be the one to have to go back to court and usually the only way the judge will allow a reduction is if his income (net income -after taxes - from his job) has dramatically changed. Just because he had decided to have another child does not mean his obligations to his other children changes. Two men who work with me have multiple children with different women, and they pay alot of child support because of it. (1 has 2 children with ex wife and 1 child with ex girlfriend- the amount he has to pay is not adjusted because they are with different women- he actually pays more because in TX the first child is 15%, and each child after that 5% up to 25% of net pay - after taxes. So he pays 20% to his ex wife and 15% to his ex girlfriend)

So I would suggest going on line or contacting your divorce lawyer and just asking what your state mandates are for child support. You probably have nothing to worry about. Let him pay for the court costs to go back to court... because then the costs would be on him not you. Just be armed with information before hand. You might even send him a copy of whatever you find so that he can make the decision not to persue it. Because if it is found that he is making more money then when the child support was ordered, he could wind up paying more. Wouldn't that be poetic justice!

The girl in my office had that happen, they went back to court for a review, he was sure it would be lowered, but it was actually raised.

Hoping the best for you.
D.

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