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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I have been paying support for 8 years and my ex and I each

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I have been paying support for 8 years and my ex and I each have children 50% of time. In fact, depending on the holidays and spring break, sometimes I have them more than she does.

It only seems fair that since we each have expenses associated with raising the children that I should be able to have this removed altogether. I also pay health insurance.

Do I have a reasonable chance in getting this modified/removed? Any advice would be appreciated.

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :

Hello,


Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

FiveStarLaw :

Has your child support ever been modified and if so when?

Good morning,

 

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Has your child support ever been modified and if so when?

Customer: replied 4 years ago.

Hi - My support was modified to its current level in 2008.

Last questions – when your support was modified, was it based upon 50-50 shared parenting time? Is there a large disparity in your incomes?
Customer: replied 4 years ago.

It was based on the visitation at the time, which was approximately 40% of time for me. Since then, however, my ex and I have been to court twice and I was awarded more time to its current level of approx 50/50.


 


It's important to note that she relocated, against my consent (she had tried several times prior but was denied due to the geo restriction), but this time, she won. I relocated also after she moved.


 


Regarding income disparity, there used to be a wide gap in our income maybe 50k, but she has a new job and there's only about 20k difference now.

Hello,

Thank you for your information.

Your facts are favorable for modification of support.

As you may know, child support is subject to modification at any time there is a substantial change in parenting time or the financial circumstances of either the parents.

Since the last modification, the other parent's income has decreased and your parenting time has increased. Each factor individually is sufficient for a modification. The combination of factors increase the likelihood of your request for a downward modification being granted.

Until the court grants the modification you will need to continue to make your regularly-scheduled payments

I would be glad to respond to any follow-up questions that you may have.
Customer: replied 4 years ago.

That is good to hear, thank you.


 


One clarification, however, you say that since last modification, the other parent's income has decreased, but I think you meant to say increased (which is correct), since this would appear to be more favorable for me.


 


Please advise.


 


Also, are you located in Texas? If not, do the laws/requirements differ from state-to-state?


 


Thank you and this should be last question I ask :)

I apologize for my typographical error – I did mean to say "increased".

I am not located in Texas however my answer is based upon Texas law.

I would be glad to continue our conversation and respond to any follow-up questions that you may have.

Customer: replied 4 years ago.

You have been very helpful and I will certainly provide positive feedback.


 


Ok, just 2 more quick questions :)


 


Does the fact that I relocated 200+ miles, while knowing no one, to continue my relationship with children, after living in prior city for 20+ years - does this factor into a judge's potential decision?


 


Is there anything else that I might do, you can suggest, that would help my case?



Thank you again.


Does the fact that I relocated 200+ miles, while knowing no one, to continue my relationship with children, after living in prior city for 20+ years - does this factor into a judge's potential decision?

This is something that the judge would consider in a support modification proceeding if the move resulted in a decrease in your income. It would also be considered in a proceeding to increase parenting time.



Is there anything else that I might do, you can suggest, that would help my case?

No not from the information you have provided –Of course, because of the nuanced details of the matter, I suggest that you retain a local attorney.
Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com

Ellen and 3 other Family Law Specialists are ready to help you

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