Considering a review request: Will courts consider NCP's imputed income AND gift income / housing provided /etc?

Asked 6 months ago - San Marcos, TX

When we split 9 years ago, my ex was not working and had been on unemployment so support was calculated based on minimum wage. Long story short, payments have been sporadic and arrears are currently $2550. The issue is that my ex has been supported fully by his parents for most of the past 11 years. They pay for his (separate) apartment, utilities, food, medical, etc. He rarely works. Occasional temp jobs only. During the marriage, he was a degreed IT professional making 50k a year.

If I request a review, will the courts take into account ALL of his "resources", i.e. the minimum wage job he should have plus the amount his parents contribute to his support? (gifts?) If they will, the ordered amount would likely double. If they won't consider both, it's probably not worth the time.

Additional information

I am anticipating the following question: "If you aren't receiving anything now, what makes you think you'll get anything if the order is increased?" and my hope is that with an increased ordered amount, the arrearage will increase more quickly, and when that happens, I will actually be able to get more help from the Attorney General with regard to enforcement. Also, I strongly suspect that if there is a court date set, my ex's parents will pay on his behalf to keep him out of 'trouble'. Almost every penny paid in the past 9 years has been paid by his parents. I have no moral issues with that; they enable him to not work by supporting him! If he were facing jail, they'd pay (and it would be no hardship), and apparently the only way he'll face jail is if he owes a larger amount, hence the intention to request a review and modification. The AG's office apparently doesn't bother with enforcement on lesser amounts, from what I've experienced.

Also, 11 years above is a typo. :)

Attorney answers (3)

  1. Mack J. Travers

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    1

    Best Answer
    chosen by asker

    Answered . Agree with both previous responses...hire your own lawyer. One thing you did not discuss is whether he is exercising visitation. If not, your own lawyer can also argue that, by missing his visitaiton, you are required to feed and support your child(ren) during his periods of possssion and, therefore, you should receive above guideline support.

  2. Dorothea Elaine Laster

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    1

    Answered . The Court could consider that. In law you make your best argument. A co-argument is that he is intentionally underemployed. Hire an attorney.

    This does not establish an attorney/client relationship. Dallas, Denton, Collin and Tarrant County, Texas... more
  3. Maria Sara Lowry

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . OAG will probably just look at his paystubs and go from there.

    You need a private attorney to argue intentional underemployment.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,877 answers this week

3,472 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,877 answers this week

3,472 attorneys answering