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If my ex is trying to get more child support and we just went to mediation and the judge signed a modification...

Houston, TX |

Can my ex bring up the child support again and have it revised even though we just went to court last year? Also, will the fact that she has commercial debt/lawsuit and unpaid taxes against her be taken into consideration when reviewing the case and her character???

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Attorney answers 3

Posted

Child support is based solely on the person paying's income. Income and resources and character of the person being paid is not taken into account. Support can be modified every 3 years or if the amount to be paid will vary by $100 or 10%. If she is trying to file again, talk to a good family law attorney to review your options. I offer free consultations at my office (713) 807-9405.

Posted

Generally speaking, your ex must be able to show a change in circumstances to be able to get a judge to consider increasing child support. If she can get you back to court and the issue in front of a judge, the issue is how much your income is, what your resources are. What she makes or has are not really relevant.

Posted

The character of the person requesting the child support tends not to be considered in a modification hearing based solely on child support. However there are restrictions that a spouse can fall under if they attempt to modify to often.

Speak with a family law attorney in your area who can help you defend yourself. If you do not know how to defend yourself in court then sometimes the law does not really matter.

This answer does not establish a attorney-client relationship. If you wish to schedule a free consultation then please contact me at my office by calling 214.675.9313 or emailing at jackhawthornelaw@gmail.com. Please visit my Avvo profile for more information.