Can he lower child support payments?

My ex (boyfriend) and I have had a court order for child support in place for a little over 3 years. I just received a letter from our state's (Texas) child support office requiring that we appear at a meeting to review and "negotiate" our child support amount. I didn't request this. Called ex up to see if he knew anything about it and he said he hadn't requested a review, but he had reported a couple changes recently to the attorney general- one being the birth of his new child (with his new wife) and a 5% pay cut from earlier this year.

My question/concern- will they possibly reduce his monthly payment based on these factors? I have no idea what he's currently earning but as I understand it- in our state, child support doesn't get adjusted (+/-) unless there's a 20% or $100 difference after calculations are revised. Even with both of these changes, I don't see that being the case here. I am fairly sure, based on things he's said in the past, that he's gotten some raises since the child support became court ordered. I'm hoping for the best, but want to be prepared for the worst. Any info would be appreciated.

[CaboWabo]

Yes it is possible. I don't know Texas laws, but in Georgia where I live they can, but one of the two parties must request it.

Job lose and adding another dependent, could cause a decrease.

Had a friend get his lowered from $300/month to $200/month

He lost his job and got another at a lower pay, so the % is lowered.
Both parties agreed to it.

So, I thought that having subsequent children after an order was already in place would not take away from the support that the first child receives. I am wondering if that can even be a factor to consider? He doesn't pay child support on his baby, he and his wife (obviously) live together.

[CaboWabo]

Because his pay was lowered, and he added another dependent, it is possible. The court can change the % based on that. Atleast in Geogia they can.

If they make him pay a % of his income, and his income becomes lower causing him not to be able to pay, would you rather have him be in contempt and possibly go to jail ? Thats not the best intrest of the child

It is not all the new child, it is his income is now lower. If he finds a job making even more than before, you can go back and have it raised possibly

The best intrest of a child is all that matters

I am basing this off Ga.though

Get a Lawyer. It's your safest bet..

Thanks for the info.

Based on multiple statements he's made since the child support became court ordered (regarding promotions and his annual income at tax time a couple years back) it's apparent that he had gotten a raise prior to this pay cut. Based on what he said back then, I estimated that he was earning about 15% more than he was when the child support originated. I never raised the issue to avoid creating hostility. Even if he's taken a pay cut in recent months, I am certain he's not making less than he was when child support started. I am thinking there's a possibility that his child support may actually increase as I can't imagine it would go down. He and his wife seem to be doing very well. They both have new vehicles and have recently bought a Motorcycle to boot. (None of my concern. However it would chap my hide if he is trying to LOWER c.s. payments when he can obviously afford extra luxuries).

Again, I have no idea what he makes now- I guess it'll all come out when we go to this hearing. My main question would be for someone who's familiar with TX law (can children born after a court order takes effect be a consideration in lowering child support?)

Yes if he has another child his support wouldn't be set at 20%. For one extra child the percentage he pays you would be lowered to 17.5% of his net income. Even if there is no court ordered child support for the other child.

http://www.co.travis.tx.us/records_c...calculator.pdf

My husband had a child support order in Texas. When the mother of his child asked for a modification his support obligation was based on 17.5% instead of 20% because we had a child together. So yes they do take in consideration his other children.

0 other children 20%

1 other child 17.5%

2 other children 16%

3 other children 14.5%

4 other children 13.6% and so on

Originally Posted by Unregistered Thanks for the info. Based on multiple statements he's made since the child support became court ordered (regarding promotions and his annual income at tax time a couple years back) it's apparent that he had gotten a raise prior to this pay cut. Based on what he said back then, I estimated that he was earning about 15% more than he was when the child support originated. I never raised the issue to avoid creating hostility. Even if he's taken a pay cut in recent months, I am certain he's not making less than he was when child support started. I am thinking there's a possibility that his child support may actually increase as I can't imagine it would go down. He and his wife seem to be doing very well. They both have new vehicles and have recently bought a Motorcycle to boot. (None of my concern. However it would chap my hide if he is trying to LOWER c.s. payments when he can obviously afford extra luxuries). Again, I have no idea what he makes now- I guess it'll all come out when we go to this hearing. My main question would be for someone who's familiar with TX law (can children born after a court order takes effect be a consideration in lowering child support?)

then why dont you let him have the child and you pay him child support, then come back here and complain to us more about it. even more reason there should be 50/50 custody. the man makes a little extra money and you lick your chops thinking you are entitled to more. btw how much does he pay in CS anyway?

[Gbyte]

The ridiculous hostility of a few posters is really making this an unpleasent place to visit and offer advice/help.

It's really unecessary to bash mothers at every turn. Did you have a mother? Is she as much of an evil hag as you think every other mother is?

The calculations one poster provided are correct.

Child support does not run under the "first come, first served" guidelines.

Just a quick question for the original poster, have you received any increase in pay since you began receiving child support? I ask, because that, too, should be taken into consideration by the court.