How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Erin M. JD Your Own Question
Erin M. JD
Erin M. JD , Family Law Attorney
Category: Family Law
Satisfied Customers: 137
Experience:  Practice Family Law in Texas
Type Your Family Law Question Here...
Erin M. JD is online now
A new question is answered every 9 seconds

child support modification after six years

Resolved Question:

I have requested a child support modification after six years being divorced. My son is autistic and has special needs. Does this make a difference in the modification? Ex: My ex husband does do the every other weekend visitation, but when my son is sick he has never taken off work to stay with him. I have almost lost my job because of this. He has never been to his school, doesn't know who his pediatrician is or what day care he goes to. I feel this should make a difference because there have been many times I do not get paid if I miss a day of work if my son is sick. He is supposed to have him the month of July, but only keeps him every weekend in July - I have to pay day care expenses for that month which is a lot for me. I only want what is fair and what is best for my son. 

The Attorney General's office has calculated an extra 150/month.  I am not sure if I should agree or not.  I am not sure what to do or if I should get an attorney involved.  I of course cannot afford an attorney.

Submitted: 3 years ago.
Category: Family Law
Expert:  Erin M. JD replied 3 years ago.

Erin M. JD :

Hello! My name is XXXXX XXXXX I will be assisting you with this matter! A child's disability will be taken into consideration on the modification of child support if your child's disability causes you to incur more medical expenses for the child. If it is a permanent disability where he will not be able to take care of himself when he turns 18, you can request permanent child support, as well. You are entitled to file a modification of child support after 3 years, but you do not have to agree with what the AG wants. You will take proof of the extra medical expenses and other documentation you would like to a hearing. The AG does not represent you or your ex-husband, so you can take what you would like and present it to the judge. Of course, it is easier with an attorney, but you do not have to obtain one if you are unable to afford it.


I do not know how my son will be when he is 18. He is only nine years old. I didn't know if I choose not to agree and let the judge know my situation - he won't take off work to stay home with him, etc as I stated before would make a difference in the modification. He (my ex) thinks seeing him every other weekend and paying me $126 a week is "doing his part."

Erin M. JD : Even if you choose not to agree, his child support will go up if he is making more money. If he has the one child, he is required to pay 20% of his gross income, or the court may deviate from those guidelines because of your son's disability. You don't have to ask for permanent support unless his health issues are more apparent at a later time, but you won't lose the modification totally if you ask the judge to consider other factors. It will go up no matter what if his income has significantly increased.

It's a tough and very stressful choice to make. I only want what is best for my son. I am very nervous about not having representation by an attorney.

Erin M. JD : The Attorney General will most likely ask you questions to aid you with your request. It is definitely a stressful situation, but you should do it if you think it will benefit your son. You can also testify that his actions have caused you to have to pay more for daycare and, thus, he should pay all or a portion of the daycare. If you truly want what is best for your son, the judge is not going to see you as just being greedy.
Erin M. JD : You can also seek help from your local Legal Aid. I believe their website is

Ok. Thank you. My ex is very mad I requested the modification already. I do need to make a decision quickly of course. I've been very lenient with him regarding the visitation order and he has not complied with it the whole six years. I just feel my son and I deserve more help. However, I do not want a long stressful battle either.

Erin M. JD : You are going to have to take care of your son regardless if your ex gets upset. If you need more money to care for him, take advantage of the 3 year review periods. Good luck with your decision! Please let me know if ou have any further questions with this matter. I would definitely contact Legal Aid to see if they have any attorneys that could take your case.

Thank you for your information and help.

Erin M. JD : You're welcome. Good luck!
Erin M. JD, Family Law Attorney
Category: Family Law
Satisfied Customers: 137
Experience: Practice Family Law in Texas
Erin M. JD and 4 other Family Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Previous | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL

Meet The Experts:

  • Ely


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • LawTalk's Avatar


    Attorney and Counselor at Law

    Satisfied Customers:

    30 years legal experience. I remain current in Family Law through regular continuing education.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    I provide family and divorce law advice to my clients in my firm.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years legal experience including family law
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    16 yrs. of experience including family law.
  • Barrister's Avatar



    Satisfied Customers:

    Attorney with 15 years experience
  • AttorneyTom's Avatar



    Satisfied Customers:


Related Family Law Questions