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Erin M. JD
Erin M. JD, Family Law Attorney
Category: Family Law
Satisfied Customers: 137
Experience:  Practice Family Law in Texas
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I live in Texas. My ex-wifehas not requested an increase in

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I live in Texas. My ex-wifehas not requested an increase in child support for 5 years. I have two children the oldest of which turned 18 in July and child support was reduced per a previous order to 13,000 per year in addition to health insurance for my remaining minor child. My ex now wants to modify the child support order and if i read the tables correctly child support for the one child will increase to 20,000 per year. I am paying all of the college tuition, room and board for my oldest in the amount of 26,000 per year. My ex-wife does not and has not worked for 12 years. Will the college costs be considered by the court in determining a new child support amount?

Erin M. JD :

Hello! My name is XXXXX XXXXX I will be assisting you with this matter! The college costs of your older child will not be considered in calculating child support for the remaining child. The only thing that is considered when calculating child support is your basic withholdings and the amount of health insurance that you pay for the underage child. You may be able to get your ex-wife to agreed to not accept the guideline amount of child support. Otherwise, your college-aged child may be eligible for grants or loans if her mother is the one that claims her as a dependent and does not work.


Hello Erin. So the court does not consider factors such as the ex-wife could work as a teacher but chooses not to or that i have paid for private school tuition for my underage child outside of the court order?

Erin M. JD :

The courts in Texas do not use a system like other states where those states will consider the employment and income of both parties. In Texas, the courts only consider the obligor of child support's income. If you are paying for private school, that will probably be used as a factor, but the fact that she does not work and COULD work cannot even be considered. It is based solely on what you make.

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