Decrease???

by Tony
(New York)

My friend is from a small town down there in Texas. When she lost her daughter to a unloyal who got another woman pregnant while married to her she was ordered child support. Only fair, which I still don't get why she stayed with him after that, but that's another story. She was ordered an amount based off her income at the time. Now given her current mistake for a man she was with at the time bein no better, she was not educated in the field of life due to bein locked in the house 24/7 with no friends and no contact with anyone else til recently, she was unaware that she could do something about the amount given her position, or so I think. So I have questions for all the texans down there and lookin for the best answer possible, I research what I could of the texas laws on the web, but rather hear from people with the unpleasured experience of what I have come to called a third country on child support laws.

She's since the last order has been unemployed and now have two more babies that are in her custody so therefore extra expenses. does that state allow her to modify her order and decrease the amount due to new financial responsibilites of two more kids, who by the way are 3 and 2, and unemployed? In my experience and through others I know in many states have shared their stories with me, that it should have been reduced for the case of more kids and obligations to them, and for being unemployed. She simply can't afford the amount ordred. In addition, when filing a motion for the modification, does texas have a fee for filing such motion only for the modification? and last, when going for the modification, can they adjust her arrars amount back up to a year or any period of time given she has been unemployed for some years and her obligation of two new kids of 3 years old and 2 years old? Any information is highly appreciated. Thanks for the time and comments.

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There is still hope!
by: Anonymous

It's funny how people think they are attorney's. Well Iw ork for one and am in Law school. First, Texas DOES recognize Pro se parties and her support CAN be modified AND decreased BECAUSE of the fact that she is unemployed with additional children. The court DOES take into consideration other obligations for other children. There is a Texas Child Support calculator that can you an estimate. Tell your friend to try this site:

http://www.co.travis.tx.us/records_communication/law_library/pdfs/calculator.pdf

She will not be released of any arrears or simply ordered NOT to pay, but once the numbers are filled in, you can scroll to the bottom and look at the chart for the additional children percentages. The income will have to be based off minimum wage which is around $1260 at this time.

Good luck to your friend and I hope she figures it out.

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She has to get an attorney
by: Anonymous

The state of Texas does not respect people who represent themselves in court. Yes there is a fee to modify orders which varies from county to county. She has to scrounge $500 from somewhere and beg an attorney to modify her child support amounts. That way, if there is a warrant issued it can be stopped because TX does not recognize individuals with no lawyers. If you do not have a lawyer they will railroad you into jail, fines, and other restrictions. An attorney is the only entity that can protect your rights.
Google J Carney and Associates because that is who represents me.

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Yes it can be decreased
by: Anonymous

When your circumstances change, they change. My daughters father rather than contributing 20% was ordered based on 16% of his income, as he had otehr children. There would be no difference, in that law. She is still obligated, but can get it reduced.

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to decrease
by: Anonymous

I am sorry to inform you that in Texas the laws on child support are oppresive. No the fact that she has more responsiablities will carry no weight in Texas. They dont care how many other children you have and can't afford. They dont care that you have no job. You go to jail if you cant pay. I have been studing the child support for a while and am working on trying to get them changed. I am sorry for your friends problem but in Texas and other states they just dont care . Child support is a money making sitution for the states Good luck

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In My case
by: Anonymous

In my case I have found they don't care about any other babys that are not in the child support system. They only care about the existing child support order and the moneys to take care of that child/children. The child support laws are a joke and have almost nothing to do with child support it has more to do with custodial parent support and retirement. Wait until they try to put you in jail, which is suppose to be against your contitutional rights to be jailed for a personal debt but they do it anyway. Good Luck I have found that child support is an up hill battle that the non custodial parent almost always loses, not only there money but there relationship with there child. Once again Good Luck.

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