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Can you appeal a child support ruling. Texas. I went through…

Customer Question
Can you appeal a...

Can you appeal a child support ruling

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I went through a divorce and child support was set. I feel the amount is too high and they based it on overtime hours. So, I have to keep working a lot of overtime to pay the $1700 a month and it keeps me from spending time with my daughter who is 5 because I have to keep working will a judge and the attorney general look at this.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it

Submitted: 7 months ago.Category: Family Law
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Answered in 3 minutes by:
11/21/2017
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,608
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

I am sorry to hear this; when was the order entered please?

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Customer reply replied 7 months ago
august 22,2017
Customer reply replied 7 months ago
No call
Customer reply replied 7 months ago
I'm not trying to get out of child support. But by them basing my child support off the overtime hours, its forcing me to keep working a lot or to keep looking for overtime to work. Like I say, it leaves me little time to see my daughter and the mom has all the power. It's like being treated as a paycheck and that's the only thing the State of Texas cares about. All I want is fairness. The mom and my daughter went to Disney World today.....from the $1700 a month of course. but I can't afford to do anything like that. I have to pay that amount plus a mortgage when $1700 a month pays her bills. And my daughter is too young to know daddy sends mommy a lot of money every month and it makes me look like the parent who doesn't do anything. I just need fairness.
Family Lawyer: LegalGems, Lawyer replied 7 months ago

I believe you are referencing the auto generated phone call request which I am not able to participate in.

I understand the concern and the overtime issue; the problem is that since the court has jurisdiction to make an award of support based on past income, if that past income includes overtime that can be taken into consideration;

however the party can file a request for modification of child support if there is a change of circumstance, so for example if the obligor expects to work less overtime, the party can file a downward modification request, and then request that the party be allowed to submit payroll information and pay a certain percentage of overtime pay directly to the other parent during a designated time period (ie every 3 months).

That is not an uncommon solution in overtime cases.

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Also the appeal clock starts ticking when the order is entered and normally a notice of appeal must be filed within 30 days of the signing of the judgment.

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

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