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Leslie D.
Leslie D., Family Law Attorney
Category: Family Law
Satisfied Customers: 201
Experience:  Experience in family law, abuse and assault victim advocate
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I currently pay $1175 a month child support. I lost my ...

Customer Question

I currently pay $1175 a month child support. I lost my job in August of ''06 and started a new one in March of ''07 making $80,000 a year. Can I reduce my child support payment due to making less money now?
Submitted: 8 years ago.
Category: Family Law
Expert:  Leslie D. replied 8 years ago.

Hello,

Yes, you can file for a modification of child support based on the fact that you are making less money now. For a reduction in child support, you will need to show that circumstances have changed such that you can no longer afford the current child support obligation, and thus a reduction in the child support obligation is justified. To show this, you would want to present evidence showing the reduction in your income, your previous termination, etc.

Please let me know if you have any additional questions. If this answers your question, please click "accept" so I may receive credit for my answer.

Best wishes and good luck!

Leslie

Customer: replied 8 years ago.
Would you have an idea of the amount I would be paying or a guesstimate? I live in Texas.
Expert:  Leslie D. replied 8 years ago.

Sure, how many children is the child support order for? Do you have any idea of the other parent's approximate income?

Thanks,

Leslie

Customer: replied 8 years ago.
Reply to Leslie D.'s Post: The child support is only for 1 kid. I know his mom just started working and I would think she makes anywhere from $30,000 to $35,000 but not too sure.
Expert:  Leslie D. replied 8 years ago.

According to the Texas Child Support Guidelines, your payment would actually be approximately $1200 per month, based on the presumption that a non-custodial parent with one child will pay 20% of his or her income in child support. Since your income is greater than $6,000 per month, the court will only consider 20% of the first $6,000 in your income, resulting in a payment of $1200 per month. This is the maximum amount of child support that can be ordered for one child based on your income. This, however, does not take into account other factors including special needs of the child, joint custody, medical insurance coverage, etc. If you can present some argument that child support should be lower than this, then you can still potentially have your child support reduced.

Please let me know if you have any other questions.

Thanks,

Leslie

Customer: replied 8 years ago.
So its going to be higher than what I pay now if I try to reduce it right?? I pay $1175 now so there is no reason to try to change it right?
Expert:  Leslie D. replied 8 years ago.
According to Texas' current child support guidelines, it will be higher based on your current income. When was the $1175 ordered? What were you making then? The court may have considered some other factors then which reduced the support obligation.
Customer: replied 8 years ago.
The order was made back in August of '06 and I was making about $109,000 a year back then.
Expert:  Leslie D. replied 8 years ago.

The child support guidelines may have been changed since then, or the court may have considered some other factors which justified a slight reduction from the guidelines (if you provided medical insurance, if you provided them with a house, etc.) In any case, under the current guidelines, unless you can argue that there are justifications to reduce child support from what the guidelines establish, you will probably not want to seek modification, or your payment will likely increase. Please let me know if you have any other questions.

Thanks,

Leslie