Child support modification question AND....

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Child support modification question AND....

Postby Txbizman » Tue Jun 05, 2012 8:05 pm

I agreed to max child support because i have made good money in the past AND wanted to get a deal done with the STBX. My last 2 tax returns (when i do them) should show a drop in income below what would constitute a maxed out CS (1875.00 mo)

My agreement is i have them 52% of overnights. She does home school them so technically she has them more of the time, but the 52% overnights is with me. Im smelling a new mr wonderful on the horizon and getting even more overnights. I want to track that time along with my drop in income and ask for a modification with paying zero CS.

Questions:

1. How do i prove to the judge when she gives them over to me on her nights, thus increasing my percentage?

2 Under what circumstances would a judge wash out CS? (texas)
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Re: Child support modification question AND....

Postby lohe » Tue Jun 05, 2012 9:33 pm

How did you communicate with her about you having them on some of her nights?

If it was NOT via email I would try to create a trail about when they are over there when it is her parenting time, via email, so you can bring it to court.

You could email her questions about the kids while they are over there on her nights and if she responds she has pretty much confirmed that they are over there. "Hey, Kelly just asked me about *** in her room, could you check for me please?"

You could stop by with the kids to a neighbor's house on a regular basis. Maybe do a game night with one of your kids parents or something like that, someone who is willing to go to court.

Once you have a trail you could ask that custody be officially changed and then ask for child support to be modified. I would make sure it's officially (signed by a judge) first before even mentioning child support though.
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Re: Child support modification question AND....

Postby Txbizman » Wed Jun 06, 2012 1:33 am

Right now it's just texting. I'll try and switch to emailing. Just for clarification she is getting plenty of $ on a buy out from me to not even need CS. I'm not trying to get out of CS, well I guess I am, because I have them more than 50% of the time and shouldn't have to pay.
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Re: Child support modification question AND....

Postby Txbizman » Wed Jun 06, 2012 7:33 am

Anyone know what % of parenting time would warrant a "wash" in CS?
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Re: Child support modification question AND....

Postby lohe » Wed Jun 06, 2012 7:38 am

Figure out a way to transcribe the texts and you should be okay. Most phones now days will connect to a computer.

Look up child support guidelines for Texas..
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Re: Child support modification question AND....

Postby Thoughts? » Thu Jun 07, 2012 12:41 am

So she's unemployed & home schooling them, and you've blessed this scenario, correct?

Is it truly in the children's interests to home school them where you live?

If you're income is less than the cap of $7500 net monthly in TX guidelines, you can certainly go back and get it revised to reflect the drop. But it seems the real issue here is your ex is an unemployed stay at home, you have condoned that role, and that as long as you continue to do so & have a significant income disparity, you will be paying significant support in Texas.
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Re: Child support modification question AND....

Postby lohe » Thu Jun 07, 2012 8:20 am

You might check up on her course work by the way.
There are state guidelines for home schooling that she should be meeting.

Mine asked if she could home school our kids (NJ didn't finish high school but is VERY intelligent but VERY bpd nutjub) and I said NO! I think I would have been stuck in the same boat as you are with her using the kids to get CS for the rest of their childhoods.
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Re: Child support modification question AND....

Postby Treading Water » Thu Jun 07, 2012 4:56 pm

You would need to ask the court to designate you as the Residential Parent based on you having the kids for 52%+ of the overnights. Once you have that designation, or at the same time, you can petition to receive child support from her. Even though you may not need it you should still have it ordered. Even if it is just $50 a month. Take the money and put it into a college fund for the kids. She has an obligation to support them, just as you do.

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Re: Child support modification question AND....

Postby Txbizman » Fri Jun 08, 2012 12:22 pm

Thoughts? wrote:So she's unemployed & home schooling them, and you've blessed this scenario, correct?

Is it truly in the children's interests to home school them where you live?

If you're income is less than the cap of $7500 net monthly in TX guidelines, you can certainly go back and get it revised to reflect the drop. But it seems the real issue here is your ex is an unemployed stay at home, you have condoned that role, and that as long as you continue to do so & have a significant income disparity, you will be paying significant support in Texas.


At this point i do believe its best for them to continue being home schooled. They are very well rounded, have a good group of Christian friends and participate in a lot of activites. Yanking them away from kids they have known thier whole life and throwing them into public school would be just another change they would have to cope with and not one that id like to force upon them, nor is it best for them. She was a bad wife but passionately schools them. Plus the freedoms we (as parents) have with the kids is a good benifit as well. Get to spend a lot more time with them with the flexability of not having to conform to a school schedule. The reason she can afford to stay home still is because we accumilated a lot of "stuff" and a business during our marriage and i had the choice of negotiating a buy out or selling it. My buy out price was very good and i came out way better than sellin it. The plus side for her is she gets to not work for the next 10 years. Even if taking CS away she wont have to work with what im paying her.
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Re: Child support modification question AND....

Postby Fatheroffour » Fri Jun 08, 2012 12:27 pm

By trying to revisit the CS so soon after your settlement I think the judge will view your motives as suspect. If you can even get it reviewed.
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