Case has been in litigation for six month

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Imthe1dancing

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I need to reduce my child support payment due to move, starting business from scratch, and taking care of my elderly parents. The last time it was changed was six years ago. My ex-wife has a attorney-friend that has been harassing my by serving me twice and writing endless letters to my house (all free of charge to my exwife). Last Dec. I was sued for back child support of approx $1,000 ($400 of that amount I show receipt of payment). However, using the child support calculator, based on my income, it should be lowered from $433 to $222. Unfortunately for me, I was served last Dec, retained an attorney in the Dallas area for $1,500, six months later my case is still in litigation, I'm financially going down the tube. I still send my $400/mo. It may be late some weeks, but I still send it. I've been in the red financially for 1.5 yrs. I called the Texas AG's office to reduce child support, but they stated that because of the current court case they cannot schedule court date to reduce child support. Now, I am told by my atty that the ex-wife's atty is trying to serve me again for contempt of court for this back child support in question. EX-WIFE DOES NOT HAVE A JOB. Ex-wife's atty does her work for free and has harassed me for years. What can I do about that. Can I turn him in to the State Bar? How do I make him stop harassing me at no charge to my ex-wife? Now, not only do I pay $400 child support, $140 child's health insurance, but I have to pay down credit card due to attorney expenses. Also, what is the exact terminology to use in asking my attorney to file temporary order to request child support to be reduced?
 
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Is there some reason your child support should be lowered?

Are your kids eating less?

Do they need less shelter?

Do your kids need fewer clothes?
 
One child child support $433/mo.
I made $14,000 for the year 2006. That is $14,000 more than the exwife. I have not been able to see my son for over a year. My exwife has been investigated by CPS in both Dallas and Austin. I have been paying my $400/mo plus medical. I just need it lowered. AND I want to see my son.

Do not judge or be judged
 
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First of all you need to review the guildelines for child support. 400/month for 1 child is not alot. I do not know what your work history is but if you only made 14,000 last year, you are underemployed. If you take a voluntary reduction in income becuase you want to start up your own business, your child support probably is not going to be lowered. You are not required to take care of your elderly parents, you are required to support your child.

Support and visitation are 2 seperate things. If your ex is in contempt you can file contempt charges.

I do not know what else to tell you but you are not paying a high amount in child support. If you are having trouble paying that low amount then you need to get a better paying job.

You can certainly ask for a reduction but it does not seem like the odds are very good you are going to get it.
 
Not forever; just temporary

Minimum wage in Texas is $5.15/hr. Annually that calculates to $10,712. My earning potential is greater than minimum wage; however, I just moved to Austin and getting started is harder than expected. I am not saying that the reduction in child support is a permanent thing. In a few years, ask for an increase when I'm doing better at my job. Heck, maybe after the judge sees the new CPS file on the exwife, maybe I will be the custodial parent. I'd be ready for that in a heartbeat.
 
If you think the children would be better off with you, you need to file for custody. Again, you do not pay less support becaus eCPS is invovled if they are a responsible parent would seek custody.

Your first priority should be protecting your child. If I were you, I would start my business up after the issues with the ex were taken care of.

As far as taking care of your parents, they should be getting social security or disability, that really should not impact your CS obligation.
 
Unfortunately, because of my exwife my attempts at getting another job doing something else isn't working either. Several times the exwife has taken me to appear before a grand jury for an accusation that was NOT the truth. Thank goodness the grand jury 'no billed' the case twice. That cost me $20,000 just to stay out of jail and fight the false accusation. Thank you for your replies and the information. If the judge sends me to TWC (Texas Workforce Commission) to learn another trade, I am open to that too.
 
Several times the exwife has taken me to appear before a grand jury for an accusation that was NOT the truth.


Tell us about this.
 
I'm not even going to discuss the accusation. My exwife is truly mentally unstable. She has alienated my son from all family contact. She does not even allow her own mom and twin sister to see my son (grandson/nephew). She uses my son as a pawn. The exwife's friends and family will speak on my behalf in the upcoming court case stating they do not believe it is in my son's best interest for him to be with my exwfie. This is just a frustrating time in my life. No one knows how my son is doing, because she does not allow anybody around him. Her attorney has been practicing for 20 yrs. Doing all my exwife's letter writing, cases, and expunging her background records. This attorney is making my attorney jump through hoops. My attorney can not even get my exwife's phone number or address. CAN YOU BELIEVE THAT!
 
My attorney can not even get my exwife's phone number or address. CAN YOU BELIEVE THAT!

This happens when there are abuse allegations.

It's not unusual.
 
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