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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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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: 1 year ago.
Category: Family Law
Expert:  Erin M. JD replied 1 year 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.

Customer:

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.
Customer:

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 www.texaslawhelp.org
Customer:

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.
Customer:

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 other Family Law Specialists are ready to help you
Expert:  Erin M. JD replied 1 year ago.
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