texas13 Posted July 16, 2015 Share Posted July 16, 2015 I am taking custody (peacefully) of my child from my ex- in Texas- with whom he has lived for the previous 14 years. Because she is going through some personal calamities i would like to help out but not requesting the 20% of her income but have agreed in terms to take a lot less. The modification is been completed by her lawyer who is also current working on her second divorce. My Question is: How soon after can I modify again the child support? The agreement is that in a year from now when she is in a better financial situation that we would revisit child support payments...I just want to make sure i can modify then because the law says: Your child support order may be modified if: It has been three or more years since the order was established or last modified and the monthly amount of the child support ordered differs by either 20 percent or $100 from the amount that would be awarded according to child support guidelines; or A material and substantial change in circumstances has occurred since the child support order was last set. Thanks! Link to post Share on other sites
GorillaTheater Posted July 16, 2015 Share Posted July 16, 2015 There are a few attorneys knocking around this board, even some licensed in Texas. But I'm not sure any are qualified to give you sound legal advice in this setting. Best to ask your attorney. And big congrats on getting your kid back. 2 Link to post Share on other sites
carhill Posted July 16, 2015 Share Posted July 16, 2015 While this would be a perfect line-item for a Texas attorney to assist with, likely at quite low cost, perhaps clarifying some things would help. 1. Is there an order currently in place and when and how was it enacted? Example would be two years ago and via court order during a divorce process. 2. Was the Texas Attorney General's office involved in your original order, as applicable? 3. Are you taking the child out of state? Welcome to LS! Link to post Share on other sites
Author texas13 Posted July 16, 2015 Author Share Posted July 16, 2015 While this would be a perfect line-item for a Texas attorney to assist with, likely at quite low cost, perhaps clarifying some things would help. 1. Is there an order currently in place and when and how was it enacted? Example would be two years ago and via court order during a divorce process. 2. Was the Texas Attorney General's office involved in your original order, as applicable? 3. Are you taking the child out of state? Welcome to LS! Thanks for the reply 1. Yes the current order in place has me pay child support but we are currently modifying it. It was passed after our divorce 9 years ago in a court of law 2. I don't think so. Though the attorney general was involved later on when a request for a review was requested and the child support payments were increased 3. No Link to post Share on other sites
DivorcedDad123 Posted July 16, 2015 Share Posted July 16, 2015 Why are you foregoing CS? Is it that she won't agree,unless she doesn't have to pay support? The CS is for the child,so she needs to pay up just like you've done all of these years. I'm sure your financial situation wasn't all peaches during that time? Of course, check with a lawyer,but from what you've posted, you'd either have to wait 3 years or something drastic would have to change after the modification,because that would be when the "child support order was last set". Link to post Share on other sites
Author texas13 Posted July 16, 2015 Author Share Posted July 16, 2015 Hi divorcedDad123, I am not completely forgoing CS is that that i am asking for a minimal one until next year. You are right it wasn't all peaches for me either but she had also helped me at the beginning. Just want to make sure that next year that this will happen i will be able to modify it again.. "What is a material and substantial change in circumstances? Generally, this means that at least one of these things has happened: The noncustodial parent's income has either increased or decreased" Link to post Share on other sites
GorillaTheater Posted July 16, 2015 Share Posted July 16, 2015 Hi divorcedDad123, I am not completely forgoing CS is that that i am asking for a minimal one until next year. You are right it wasn't all peaches for me either but she had also helped me at the beginning. Just want to make sure that next year that this will happen i will be able to modify it again.. "What is a material and substantial change in circumstances? Generally, this means that at least one of these things has happened: The noncustodial parent's income has either increased or decreased" Since you're giving her a break on CS at this point, here's something you ask for in the agreement you're in the process of modifying anyways: "The parties understand and agree that the child support set forth herein is less than what is set forth in Texas Family Code ___________ (whatever the chapter and section is; I'm not a divorce lawyer), due to (ex wife's) financial situation. In consideration for that agreement, the parties agree that the amount of child support may be revisited in the future depending on the income of (ex wife) and the welfare of the child." Or something along those lines. 1 Link to post Share on other sites
Author texas13 Posted July 16, 2015 Author Share Posted July 16, 2015 This sounds good kind sir Any other input from anyone else? Link to post Share on other sites
carhill Posted July 16, 2015 Share Posted July 16, 2015 1. Her attorney will always represent her best interests and, apparently, their attentions are divided, on one hand focusing on her D from someone else and on the other managing this custody/CS modification with you. 2. Whatever agreement is drafted, I strongly suggest running it by a family law lawyer who specialized in custody and child support issues. Even if paying a couple hundred bucks for an hour of their time, it could save you plenty down the road and inspire peace of mind having a second set of eyes on things. Link to post Share on other sites
Author texas13 Posted July 16, 2015 Author Share Posted July 16, 2015 Apparently under further research it seems like the attorney general is required to review child support every 3 years but the custodial parent can modify as often as they want Can anyone confirm? Link to post Share on other sites
GorillaTheater Posted July 16, 2015 Share Posted July 16, 2015 Apparently under further research it seems like the attorney general is required to review child support every 3 years but the custodial parent can modify as often as they want Can anyone confirm? Not me, but you are discussing this stuff with your lawyer, right? Link to post Share on other sites
carhill Posted July 16, 2015 Share Posted July 16, 2015 You'd have to verify with the AG. I think it functions like child support services in California, as a division of the government which one can apply to for assistance in establishing child support orders and other aspects relevant to custody of children. Their lawyers focus only on that and work for the government for the applicant and their work can carry the full weight and force of the government. However, I do not believe it is a requirement to involve them, rather optional. Parents and private attorneys can work out arrangements which meet the muster of the court (judge) and handle things without CSS involved. Link to post Share on other sites
Author texas13 Posted July 27, 2015 Author Share Posted July 27, 2015 Another question. When I become a custodial parent in August do i have the right to claim my son on my income tax even though he will "officially" be with me less that 6 months for the 2015 calendar year? Link to post Share on other sites
carhill Posted July 27, 2015 Share Posted July 27, 2015 Dependents & Exemptions 1 Link to post Share on other sites
amaysngrace Posted July 27, 2015 Share Posted July 27, 2015 Another question. When I become a custodial parent in August do i have the right to claim my son on my income tax even though he will "officially" be with me less that 6 months for the 2015 calendar year? Maybe you shouldn't agree to take less from your ex since you seem like you don't even have enough money to talk to your lawyer. Link to post Share on other sites
Author texas13 Posted July 27, 2015 Author Share Posted July 27, 2015 Maybe you shouldn't agree to take less from your ex since you seem like you don't even have enough money to talk to your lawyer. You did not answer my question. I don't understand your post. Does it bother you that I have agreed to take less and I ask questions here instead of paying a lawyer to answer those instead? Link to post Share on other sites
Author texas13 Posted July 27, 2015 Author Share Posted July 27, 2015 Dependents & Exemptions Generally, the child is the qualifying child of the custodial parent, and the custodial parent is allowed to claim a dependency exemption for the child if that parent meets the other dependency tests. The parent with whom the child lived for the greater part of the year is the custodial parent for income tax purposes. I am the custodial parent but he has lived with mom for longer... :eek:Meaning?? Link to post Share on other sites
amaysngrace Posted July 27, 2015 Share Posted July 27, 2015 You did not answer my question. I don't understand your post. Does it bother you that I have agreed to take less and I ask questions here instead of paying a lawyer to answer those instead? I'm just looking out for what's in your best interest. And you should too....BY TALKING TO YOUR LAWYER!! Thinking that anons on a relationship forum is your best bet for free legal advice is a little concerning...not gonna lie. So you're just going to let your ex's lawyer draw everything up and you're just going to sign it without counsel? Yeah...what could possibly go wrong for you there? Link to post Share on other sites
carhill Posted July 27, 2015 Share Posted July 27, 2015 Generally, the child is the qualifying child of the custodial parent, and the custodial parent is allowed to claim a dependency exemption for the child if that parent meets the other dependency tests. The parent with whom the child lived for the greater part of the year is the custodial parent for income tax purposes. I am the custodial parent but he has lived with mom for longer... :eek:Meaning?? It's possible you're conflating the legal term for custodial versus what the IRS terms as custodial. They can be different. Ergo, if it can be proven to the IRS that a particular parent has the child for the majority of the tax year, regardless of what a divorce decree might state, in the eyes of the IRS that parent is the 'custodial' parent. Another method of resolving this is for both parents to claim the deduction and each face an IRS audit. Happens! 1 Link to post Share on other sites
Author texas13 Posted July 27, 2015 Author Share Posted July 27, 2015 I am here for advice and insight as some might have gone through the same life experience. An IRS question does not necessarily require attorneys fees in my opinion. We are not fighting over the child. I am not getting a divorce from her, we are changing custody on her request! ( Obviously i had something to do with that too) I don't need to pay thousand of dollars to attorneys Just an FYI, I am taking the child support modification to my lawyer for a review and also having my son sign an affidavit that he wants to stay with me. Are you satisfied now? Any more assumptions as to whether I have money or not? Some of you have forgotten how to be humans. it seems Link to post Share on other sites
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