Thank you for your reply.
With respect to the divorce being finalized in Kentucky, the Uniform Interstate Family Support Act
") applies to your situation. This uniform law attempts to avoid multi-state support actions by favoring litigation in the state where the child is living. The state that originally issued the child support
order has exclusive, continuing jurisdiction to modify the order unless both parents and the child no longer live in that state
(which is the case here). In this circumstance, the state in which you and your child live now, Texas, has jurisdiction to modify the support order
from Kentucky. The state in which the original order was entered simply has jurisdiction to enforce its own order.
Unlike some states, Texas does not consider the income of the other parent in calculating child support, only the income of the obligor
. Therefore, your ex-wife's income is not a factor. Similarly, Texas does not take into account the amount of time you have the children -it is a set formula laid out in the statutes that bases support off your income and the number of children you are paying support for. However, please do not misread my earlier response regarding your new child. The birth of a new child is a substantial change in circumstances that can
result in a modification of your support order. What you need to do is after the birth of the child, file a motion to modify support. Often a judge will hold a hearing on the issue, but not always. The judge will either then grant or deny the motion. If it is granted, then your support amount will be lowered within the terms specified in the order. DISCLAIMER:
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