Child Support Modification?

[aurelius99]

I'm not asking for legal advice. All I'm asking is for input on what you've seen or experienced in regard to my question.

 

I have been divorced in Texas for about 5 years. I have been faithfully paying child support since then. I am currently enrolled in full time school for a more profitable career. Due to this program requiring full time status (which includes 3 days a week of required experience), I have been forced to reduce my regular job hours from 40 to 25ish. Even with this I'm getting burnt out.

 

I would like to submit a reduction for child support. I was told by some that in my state they don't care if you're back in school--and that they'll make you pay the same amount even if you can't afford it. Others have said they've seen people in my situation successfully get a reduction.

 

Now here's another curveball in my situation. I don't want my ex wife to know I'm in school (for reasons I can't elaborate on). So when I fill out my form, it asks for the REASON that I'm requesting reduction. Should I write "attending full time school", in which case she would clearly find out my situation, or should I write "work hours have been significantly reduced and unable to pay current amount".

 

I was told by child support office that they ONLY consider your current income (regardless of reason). If that's the case, I shouldn't tip my hand to ex wife and I should just say my hours have been reduced--which they technically have.

 

I want to maximize my chance of getting reduction approved, yet at same time not give my ex wife any information that I don't have to.

 

Thanks.

[Bufo]

That is a legal question whose answer depends in large part how local judges deal with requests to reduce child support. Please see a local family law attorney. This isn't a,do-it-yourself project.

 

If you win a reduction, prepare for an increase when you get a job in your new field. And should that job be Mother Theresa's replace being impoverished don't expect a reduction based on a unilateral voluntary choice.

[PegNosePete]

I'm not asking for legal advice.

Yes you are.

[Survivor12]

There are many custodial parents (married & single) who would benefit by a college degree but are unable to pursue one because they cannot afford it. Others spend years working to accomplish their goal taking classes each semester while continuing to work AND raise their children. Hell, I personally know medical & law students who work full time.

 

Child support is for the benefit of your children. Your choice to go to school does not reduce their need for support. Ignoring that is selfish, but you want to lie? Your hours haven't been cut--you have chosen not to work full time. If you truly care about your children & want to get a degree, keep your job & take classes in your free time.

[aurelius99]

There are many custodial parents (married & single) who would benefit by a college degree but are unable to pursue one because they cannot afford it. Others spend years working to accomplish their goal taking classes each semester while continuing to work AND raise their children. Hell, I personally know medical & law students who work full time.

 

Child support is for the benefit of your children. Your choice to go to school does not reduce their need for support. Ignoring that is selfish, but you want to lie? Your hours haven't been cut--you have chosen not to work full time. If you truly care about your children & want to get a degree, keep your job & take classes in your free time.

 

I'm sorry you hate your ex husband but don't take it out on me. Please don't comment on here anymore. I don't welcome your further comments.

[MJJean]

Child support is for the benefit of your children.

Your choice to go to school does not reduce their need for support.

Your hours haven't been cut--you have chosen not to work full time.

 

Aurelius99, I understand what Survior12 said is upsetting to you, but it is true. Child support is for the benefit of the children, your choice to pursue a degree does not negate or reduce their need for support, and your working hours were reduced by your choice, not due to circumstances beyond your control.

 

Which, btw, is likely to be how the court sees it. That really depends on a few factors and isn't something someone here can answer for you.

 

I don't live in TX, but I have had some experience with the Child Support system here in MI and have seen judges temporarily reduce support due to reduced income, but I have never seen it done for someone who is intentionally underemployed.

 

I did have one friend who was going for his para-legal certification and asked for a reduction in child support temporarily until he finished his last round of classes. However, situation was a bit different.

 

When Friend went to court, his Baby Momma went to court with him and told the court she was willing to accept temporarily reduced support for a few months in order for him to finish his certification program. He had a letter from his employer stating that he did ask for full time work, but they were unable to accommodate him due to their hours of operation. He also had a letter from the community college he was attending stating that he did try to shift his class schedule around to accommodate his work schedule, but the classes he needed were unavailable at any other day/time.

 

Good luck and let us know how it goes.

[Survivor12]

I'm sorry you hate your ex husband but don't take it out on me. Please don't comment on here anymore. I don't welcome your further comments.

 

I don't hate my exH. In fact, we separated amicably after our son graduated from HS. No child support involved and we shared responsibility for his college expense.

 

Obviously, I hit a nerve. Perhaps it would serve you well to figure out why.

 

Best of luck to you.

[SoleMate]

It depends totally on the state laws and exact facts, plus of course the tendencies of your judge. I do know my female cousin in Minnesota was able to reduce her work hours and go back to school fulltime without having her previous earnings imputed to her for the purposes of child support. This is because the judge felt it to be reasonable and in her children's best interest for her to improve her prospects for a better paying job. Looks like the same reasoning can apply in Texas. Imputing Income for Child Support in Texas | DivorceNet.com

[aurelius99]

I don't hate my exH. In fact, we separated amicably after our son graduated from HS. No child support involved and we shared responsibility for his college expense.

 

Obviously, I hit a nerve. Perhaps it would serve you well to figure out why.

 

Best of luck to you.

 

Yea you did hit a nerve. I was assaulted and injured by my ex-wife, she was arrested, and yet I still lost primary custody to her. How would you feel in my shoes? It's not rocket science to know why I'm sensitive about any custody and support issues and I'm not ashamed about it.

 

Next.

[mikeylo]

Yea you did hit a nerve. I was assaulted and injured by my ex-wife, she was arrested, and yet I still lost primary custody to her. How would you feel in my shoes? It's not rocket science to know why I'm sensitive about any custody and support issues and I'm not ashamed about it.

 

Next.

 

Even then it doesn't justify minimizing child support. These issues are separate from child support. The court is very clear about it. You are mixing them up.

 

Get some therapy to avoid landing yourself in trouble over this.

[aurelius99]

It depends totally on the state laws and exact facts, plus of course the tendencies of your judge. I do know my female cousin in Minnesota was able to reduce her work hours and go back to school fulltime without having her previous earnings imputed to her for the purposes of child support. This is because the judge felt it to be reasonable and in her children's best interest for her to improve her prospects for a better paying job. Looks like the same reasoning can apply in Texas. Imputing Income for Child Support in Texas | DivorceNet.com

 

Yea that's what I've heard. I know of some cases where judges allowed a dad to return to full time school and cut down his work hours. I guess it comes down the judge. Hopefully I don't get one who would cut me no slack...like Survivor12. I shall see.

[aurelius99]

Even then it doesn't justify minimizing child support. These issues are separate from child support. The court is very clear about it. You are mixing them up.

 

Get some therapy to avoid landing yourself in trouble over this.

 

I'm good. I'm not the abuser. Peace out.

[standtall]

A...I am of the opinion of the other posters here that your school situation is separate from child support....but ultimately it is up to the judge. You do not have to volunteer anymore info than your initial vague inference about our hours being reduced, but do not lie if called out on it.

 

BTW, how much longer to you have for school, and if your were to get a reduction, do you plan on resuming with full child support once you are done? Perhaps you can strike a deal with your ex and get her to go along with the reduction, and then make it up later?

[aurelius99]

A...I am of the opinion of the other posters here that your school situation is separate from child support....but ultimately it is up to the judge. You do not have to volunteer anymore info than your initial vague inference about our hours being reduced, but do not lie if called out on it.

 

Nope. I would never commit perjury. Otherwise I'd be like the ex who did.

 

BTW, how much longer to you have for school, and if your were to get a reduction, do you plan on resuming with full child support once you are done?

 

18 months. And yes I plan on resuming the state-enforced percentage once I'm done.

 

Perhaps you can strike a deal with your ex and get her to go along with the reduction, and then make it up later?

 

Not gonna happen. The reason we divorced is because, aside from her physical violence, she refuses any and all compromises. Her own father says she never listens. At our court enforced mediation session, the mediator said they had a 90% success rate in settling divorces outside of court. I told her with a straight face, "My ex will be the 10%." Lo and behold she was. Even the mediator was like, wow.

 

So yea...not gonna happen. I will just submit the form and let the authorities handle it.

[MJJean]

Aurelius99, have you spoken to a lawyer or done any research into what the court may require as proof? Obviously your pay stubs, but what else will they need from you?

 

Will the court ask for proof that you are passing your classes and are 18 months from completion? Will they need copies of your class schedule, work schedule, transcripts showing grades, monthly bills, etc?

 

You do NOT want to show up with just the order modification paperwork. You want to show the judge that you have your ***** together and are working toward a goal. Remember, judges see guys come in all day, every day, who are just looking to get out of their legal and moral obligation to financially support their children by any means necessary. When you're a hammer, everything starts to look like a nail. You want to make sure he doesn't lump you in with those "men".

 

Also, I don't know how it's done in TX, but in our state if either custodial or non-custodial parents file for child support modification, the other parent is notified of the hearing and may attend or send representation. In other words, if your ex comes to the hearing, she's going to know you're in school because you'll be saying as much to the judge in open court.

[aurelius99]

Aurelius99, have you spoken to a lawyer or done any research into what the court may require as proof? Obviously your pay stubs, but what else will they need from you?

 

Will the court ask for proof that you are passing your classes and are 18 months from completion? Will they need copies of your class schedule, work schedule, transcripts showing grades, monthly bills, etc?

 

You do NOT want to show up with just the order modification paperwork. You want to show the judge that you have your ***** together and are working toward a goal. Remember, judges see guys come in all day, every day, who are just looking to get out of their legal and moral obligation to financially support their children by any means necessary. When you're a hammer, everything starts to look like a nail. You want to make sure he doesn't lump you in with those "men".

 

Also, I don't know how it's done in TX, but in our state if either custodial or non-custodial parents file for child support modification, the other parent is notified of the hearing and may attend or send representation. In other words, if your ex comes to the hearing, she's going to know you're in school because you'll be saying as much to the judge in open court.

 

Yes I would have all my forms ready. I'm not a slacker. I have a 3.95 GPA and I'm very dedicated.

 

I guess what I was hoping for was a reduction outside of court. But I guess that means she would have to agree. I'll see what happens. If it goes before a judge then I'll just have to reveal the info. I'm just cautious in this regard because the more my ex knows about me, the more she uses it against me in some fashion.

[MJJean]

Yes I would have all my forms ready. I'm not a slacker. I have a 3.95 GPA and I'm very dedicated.

 

I guess what I was hoping for was a reduction outside of court. But I guess that means she would have to agree. I'll see what happens. If it goes before a judge then I'll just have to reveal the info. I'm just cautious in this regard because the more my ex knows about me, the more she uses it against me in some fashion.

 

So bring your proofs with you in a file case and if you need them, they are there. If not, you carried a case with you for nothing.

 

I don't know how your state handles it, but my state prefers to use the same judge who handled the divorce for all child support and custody related issues that may arise after.

[mikeylo]

I'm good. I'm not the abuser. Peace out.

 

Lol. Your child isn't an abuser. You are going to be an abuser if you trick into not paying child support.

 

Suit yourself.

[aurelius99]

Lol. Your child isn't an abuser. You are going to be an abuser if you trick into not paying child support.

 

Suit yourself.

 

Ah, another person who either didn't read my posts or doesn't know how to read. Next.

[OatsAndHall]

A friend of mine tried to get his child support payments reduced when he went back to college and the judge wouldn't allow it. And, I live in a state that is reasonably laid back when it comes to child support agreements. The judge didn't care that he was going back to college as my friend had been making decent money as a mechanic and based his decision off of that.

 

I would seek legal counsel in this situation.

[aurelius99]

A friend of mine tried to get his child support payments reduced when he went back to college and the judge wouldn't allow it. And, I live in a state that is reasonably laid back when it comes to child support agreements. The judge didn't care that he was going back to college as my friend had been making decent money as a mechanic and based his decision off of that.

 

I would seek legal counsel in this situation.

 

Thanks for the input. What state is your friend in?

[OatsAndHall]

Thanks for the input. What state is your friend in?

 

We live in Montana. The laws and general attitude in this state are geared towards an clean financial break. There are financial repercussions for men that don't pay their child support: losing their license, having their wages garnished, liens on property, etc.. But a woman has to invoke federal law in order to have them prosecuted criminally for not paying. In other words, it's easy to be a deadbeat dad around here. I'm not saying that you are but just laying out the negative side to this state.

 

Again, my advice would be to seek legal counsel in this situation but to also be as transparent as possible in the proceedings. A judge will ask you why you're asking for a reduction in child support and chances are that you will not get away with simply stating that you have reduced your hours of work. I don't believe that it is unreasonable for someone to be granted a temporary reduction in child support in your situation. But, as you know, you will have to pay more in child support should you attain a higher wage upon graduating. You also need to take into consideration the money you will spend on a lawyer as that cost could easily off-set what you are trying to save so that you can go to school.