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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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I am in Texas, and 2 years past being divorced. Have 3 children.

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I am in Texas, and 2 years past being divorced. Have 3 children. Child support was originally set at completion of divorce. Then again last year it was increased based on my income and I received noticed from her attorney I'm again being sued for child support increase.

Question is 1) - How often can her attorney sue for child support increase. Attorney General says it is outside of their control since ex's attorney is suing.

Question 2) - I work in the safety business and on projects throughout the year. Sometimes a few days on location, sometimes a couple months on location. Just depends on the project. I have a permanent residence in Longview, Texas. And live in Hotels when working on the road. Is my per diem amount considered as part of my income the ex and her attorney can sue for as an increase?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

1. A parent can file for an increase to child support every time there is a material change in circumstances. If a person receives annual increases in pay, the request could be made annually. However, a material change would usually require at least a 10% raise, and many annual increases do not reach that level.

2. Unfortunately, yes, the judge has discretion to consider a per diem allowance as part of your income, because it does affect the amount of cash you have available. You can try to argue what that money should not be considered. For example, if you have always received per diem, and the amount has not changed, you can argue that she waived any right to the money by not requesting it as part of the original divorce. Another argument is that there has been no material change, and there is therefore no basis for an adjustment.

Please rate my service positively before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - otherwise, please reply so we can continue the conversation. Good luck.
Customer: replied 1 year ago.

Thank you for your reply,... so the ex can sue for an increase any time she wishes? Since its through her attorney and not via the Texas Attorney General they can do it anytime? This is the last year I am legally required to provide her documentation on my income since the divorce.


 


Also,...very soon, my income will drop by almost 50% in the coming 2-3 months. Can I then sue her for a decrease? Because I am changing the type of safety work I will be doing and not getting paid as much. Probably only making $50K vs $90K. What can I do to decrease the amount as I will not be able to sustain the higher child support amount?

Expert:  Lucy, Esq. replied 1 year ago.
If she started filing every month, the judge would probably tell her to stop. She's not supposed to file unless she has reason to believe there has been a material change in circumstances. Usually, a person must wait at least 6 months after the divorce decree is entered to seek a change. Asking for an adjustment every year, if it is known that a person's income increases annually, would probably not be considered excessive.

If you know now that your income will be decreasing, you can ask the judge to order a decrease effective when your income drops as part of your response to her case. It's usually better to ask in advance because the process takes time. That will save you having to go back to court immediately - and, again, if it hasn't been at least six months since the last order, the request may be denied.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19927
Experience: Attorney with experience in family law.
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