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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29817
Experience:  Attorney with experience in family law.
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My exwife is filling a modification of the 1500 of child

Customer Question

my exwife is filling a modification of the 1500 of child support that I already pay. She has married since that first filling.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

What state does the child live in?

Customer: replied 1 year ago.
texas ; also I forgot to tell you that I am currently under ch 13 bankruptcy.
Expert:  Lucy, Esq. replied 1 year ago.

Thank you.

Child support obligations cannot be discharged in bankruptcy. It could affect how much money you have to pay any past due amounts, and it doesn't sound like that applies to you.

Texas law prohibits a judge from considering a new spouse's income when determining child support. Tex. Fam. Code, Section 154.069. This is because the new marriage does not create any obligation to support children from a prior relationship. What that means is, the mother can request a modification to your child support without any consideration of how much her new husband makes. The judge is only going to look at your income and hers. If your income has increased, you could wind up paying more. The judge could also impose a cost of living increase if it's been more than a few years since the original order was entered.

Use this calculator to see what a judge might order you to pay based on your current income and hers. If the result is more than what you're currently paying, you may be able to agree to a modified payment in order to avoid going back to court.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 year ago.

Do you have any more questions about this?