Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today.
What state does the child live in?
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.
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