access to independent attorneys and self-help services at your specific direction. If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”, If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them" Today!”. Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas? Thank you for subscribing to our newsletter! In this case the Texas Supreme Court looked at the language of the statute, which states if the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor. The topic of dog ownership in connection with the divorce is one that we do not discuss much in Texas. The average person does not quit a job on purpose solely to avoid paying child support, but unfortunately your past threats or actions may make it hard for you to convince others that your actions were anything other than intentional. Houston, TX 77068, Unfortunately, some spouses do not feel an obligation to support their children after a divorce.
is something that never seems to end well. The bad new is that now it will be much more difficult to collect it. We are prepared to work with you to find a legal way to help you manage your child support obligation. One or both parents may seek to change a child support order after changing jobs or otherwise experiencing a change in income.
That support belongs to the child and is important to their growth and development. The content provided is informational only and should not be construed as legal advice. You can oppose the request, and if the reduction was due to the intentional actions of your ex, then you will probably win the argument. A common question is whether someone is allowed to quit their job or switch to a lower paying job, and thus lower their child support obligation. The Texas Supreme Court’s interpretation of the statute allows a determining court the option to respond if a parent tries to employ a dirty trick to lower their child support. A limited number of modification requests can be made, so it is important to only request a modification when one is seriously needed. This article focuses on when (and how) you can change a child support order after changing jobs, including valid reasons for a modification and how the process generally works. A court may temporarily modify an order of child support to accommodate a recipient child's medical emergency or a temporary financial hardship of either one of the parents.
The average person does not quit a job on purpose solely to avoid paying child support, but unfortunately your past threats or actions may make it hard for you to convince others that your actions were anything other than intentional. Since your income largely determines the amount of child support you are required to pay the custodial parent, a change in employment may require a modification of that support. Report Abuse.
For example, the court can order your wages garnished or your driver’s license revoked if you fail to pay your support as ordered. I believe in most cases parents do not lose their jobs on purpose. The content is not legal advice.
A significant change in the child's needs; Either parent becomes unemployed or experiences a change in income; Family income increases significantly after either parent remarries; A parent becomes disabled, decreasing his or her employment prospects, or otherwise constraining resources; or. If you take a lower-paying job after your divorce to avoid paying child support, the court still can’t force you to change jobs, but it can exercise other enforcement measures if you fall behind in your support because you now make less money. a law firm or a substitute for an attorney or law firm. During a divorce, it is normal to feel as though your spouse is planning to use your child to get money out of you simply to punish you. The outcome is different if the unemployment or underemployment was not by choice such as if the parent was fired, laid off, forced to quit, or is having trouble finding work during an economic recession. If you're a non-custodial parent and have changed jobs, the amount of child support you are required to pay does not automatically change to reflect your new salary. 518A.39. This can be an effective dirty trick during a Texas divorce or child support case. Keep in mind, however, that it will be harder to collect the money if your ex actually doesn't have the ability to pay. When child support debt starts to accumulate, it might be worth checking with your divorce attorney to see if child support debt consolidation is a possibility. It may include wages, government benefit checks, pensions or other periodic payments. An angry spouse will go to any lengths to expose any suspected misdeeds. A common question is whether someone is allowed to quit their job or switch to a lower paying job, and thus lower their child support obligation. Courts don't look favorably on parents who intentionally quit or take a low paying job to simply avoid their child support obligation. I have heard all kinds of excuses from “I shouldn’t have to pay because I have a car note” to “I already behind on my child support on another child.”. I will tell you that I am a ... 3707 Cypress Creek Parkway
All rights reserved. Quitting a job or changing your job to reduce child support obligations. The good news is that his child support obligation will not change as a result of him quitting his job. Suite 400
I have had potential clients meet with me who had been trying to get the attorney general to do something for 5 years. at Vayman & Teitelbaum understand how stressful being ordered to pay a large amount of child support is. A person who follows through with the threat to quit a job often gives some form of advance warning to his or her former partner, an attorney, or in court. Changing the amount or terms of court-ordered child support is referred to as "child support modification." Suite 400,
The attorney general can be incredibly slow to move on a case like this. Courts don't look favorably on parents who intentionally quit or take a low paying job to simply avoid their child support obligation.