L.H. asks from Lewisville, TX on August 07, 2008
Need More Child Support.....
I am really not sure what to do at this point. My divorce was final 3 years in May and I was told that after that point I could ask my ex for more child support. He does pay and has since he walked out the door. He doesn't on the other hand help pay for anything for my son, except the required health insurance. He has not helped with school clothes, birthday parties, school supplies etc. He thinks his child support pays for everything. He didn't make very much money when we divorced, but has since gotten a new job. I am just assuming he makes more now. If you have had any experience with this or know of a lawyer that can help I would really appreciate it. My divorce lawyer is in Richardson so I am looking for someone closer to me, Lewisville area.
A.M. answers from Dallas on August 11, 2008
Yes, you can take him back to Court at this point and request an increase in child support.
He is only required, by law, to pay child support and health insurance, it being assumed that the child support assists in paying for the "incidentals" such as clothing, birthday parties, etc.
I am a family law attorney located in Addison, Texas, please feel free to contact me for more information if you would like:
A. McMurry, 14679 Midway Rd. Ste. 103, Addison, TX 75001, ###-###-####.
1 mom found this helpful
N. answers from Dallas on August 07, 2008
It's my understanding you can go before a judge once a year to modify child support orders. Of course, our last dealings with child support was in the late 90s so things could have changed since then. Technically, your ex is right in that the child support he's ordered to pay includes all expenses for your son. He is not REQUIRED to pay for those additional things as well as the monthly support. However, if he does, in fact, make more now than he did when your original child support orders were decided, you could be entitled to more money from him to support your son.
You have a couple of choices. Before you file for more support, you may want to approach your ex and ask for additional help with the things you need, like new school clothes, school supplies, birthday parties, etc., and give him the opportunity to help without having to modify the orders. This could save you the expense of a lawyer and him the expense of additional monthly funds coming from his pay. I would only do that though IF you have an amicable relationship with your ex. If he knows that you need more money and you are willing to go back to court to ask for more, he may be more willing to help outside of the usual monthly support. When my husband paid support to his ex, he would often buy new school clothes, school supplies and pay for half the birthday party expenses and other expenses so his ex wouldn't go to court and ask for more money from him. It worked out for both of them in the long run to work out those issues between themselves. She wasn't asking for anything unreasonable and my husband was happy to provide items he knew were going directly to his son.
On the other hand, your ex may resent you asking for more or "threatening" to go to court for more and look for ways to sabotage your efforts to get more support. Some men quit their jobs or find ways to "hide" some of their income. Only you can guess what your ex would be more apt to do given these scenarios.
If you're all set to get more support, I'm sure there are people who can give you referrals for family attorneys in your area. We used an attorney in Fort Worth for our last custody change so I don't know anyone personally to refer you to in Lewisville.
1 mom found this helpful
D.C. answers from Dallas on August 07, 2008
Ask your Richardson atty's office for a referral in Lewisville.
BTW --- I'm in Richardson and looking for a good divorce atty. Was yours any good? I and my friends have been so badly burned by attys that I'm really gun-shy. Our children are grown, but I need a good property settlement and alimony for as long as the law allows.
P.G. answers from Dallas on August 07, 2008
I was wondering what kind of visitation there is, if any, and if this might be the key to the incidentals you mentioned. If dad is involved in his life, then perhaps involving him specifically in those areas - shopping for school clothes & supplies, planning his birthday parties, etc., could be a non-confrontational, non-legal way to have him contribute to those things and be involved in them at the same time. If it's possible to have a mediator involved rather than an attorney, they are also less confrontation based and more "best for all" solution based. Good luck!
N.T. answers from Dallas on August 07, 2008
Contact Janet Denton, ###-###-####, or ____@____.com
I've met her through various networking luncheons. If she can't help you, she will be able to point you in the right direction.
Best of luck with your situation!
S.F. answers from Dallas on August 07, 2008
Unfortunately, unless you renegotiate he doesn't have to pay any more than his child support check. That is supposed to cover all the incidentals unless you negotiated that in the original divorce decree. If you think he is making more money then you can take him back to court to increase his child support. I don't have any recommendations for you. Just look at how much you spent on him this year and use that as a guideline for how much you need to ask for in a monthly amount or negotiate the school clothes and other incidentals as a seperate issue.