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Can I get a modification if the other parent's living conditions changed?

Houston, TX |

I currently owe my ex-wife child support payments which are payable, but put a big dent in what I make/can afford. My ex however, has gotten a new job, which I know pays significantly more than her old one. My question is this: can I get a modification to the child support order if my ex’s life has made it easier for her to support the child even though my financial situation is (relatively) unchanged?

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Attorney answers 2


As I understand TX child support laws, the custodial parent's income (here, your ex) is not a consideration in setting support amounts - your income is the sole criteria. So, you wouldn't get a modification just because her income has increased.

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Unfortunately, in Texas, it doesn't matter what your ex makes, it only matters what you make. If your income hasn't changed, then support will not be modified.

I practice in Tarrant, Dallas, Denton, Parker and Wise counties. I am licensed only in Texas. Answers are based on current Texas law. This is for educational purposes only. This answer is given based on the facts provided above. Contact a local attorney to further discuss these issues. No attorney client relationship is established. These questions and answers are fully searchable and viewable on the internet.

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