In TX: I keep children 50% of time, could my child support be modified or lowered?
I live in TX, have been divorced for 4 years & have a 13.5 year old daughter & 17 year old son (he just turned 17). Right now I pay $1,800/month in child support plus $200 in medical insurance. Total $2,000. I've done the calculations & based upon my current salary, I could actually pay $2,033/month in child support to total $2,233.
The divorce decree states their mother as primary custodial parent and we to follow the TX mandated "visitation" schedule. BUT both kids actually live with my girlfriend & I at our rental house 3 nights a week. Every Sunday, Monday, & Thursday nights like clockwork. Sometimes my son stays 4 nights a week.
I take my daughter to school on Tuesday & Fridays, take her to/from gymnastics Monday & Thursdays (she has gymnastics 4 nights a week) so 1/2 of the time. I bought my son's car, pay for his insurance, pay for both their cell phone bills, pay for my daughter's gymnastics meets (their mother pays gymnastics tuition), and pay 1/2 of medical expenses.
Their mother is a nurse (started working while we were still married), who is also going back to school. I pay no alimony. She makes $45,000/year and her household bills are $1,750/month.
2 attorney answers
The grounds for modification in Texas require a "material and substantial change" in your circumstances. This could mean new jobs for either of the parents, new marriages, loss of employment, a new disability, etc. So it would help you to walk through this with an attorney to go over these circumstances (your ex going back to school, actual visitation consistently differing from the decree, etc.) in detail with you to see if it would be worth your time and money to seek a modification.
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Texas Family Code
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