Child support Texas to Australia

[austex1961]

My jurisdiction is: Usa/Australia

PLEASE HELP. To cut a long story short my previous marriage ended in 2001 and my ex wife got EVERYTHING and I walked away with my clothes. I paid child support of $700 every month and also half of my son (who is now 14) medical bills plus I paid for his medical insurance. I have since re-married in 2002 and moved to Australia with my new wife in 2006(she was in Texas with me but was homesick as that is her country) and have since had a baby. I went to court back in March to have my child support modified as I am not earning as much as I was in Texas and plus the AU$ is poor at the moment. The judge has just ruled that I left the country on my own accord so I am still going to be liable for the same amount of child support and they are going to garnish it from my wages here in Australia. What they will be taking out will be 45% of my wages. Can they legally do that? I have been sending her what I can afford but the cost of living here is really high. I pay $360per week just in rent which is the average price here and that takes half of my wages. If they garnish my wages of that amount I wont evern be able to pay my rent or feed my wife and baby. My ex wife on the other hand has a house plus a large property she got in the settlement and earns alot more than me. Can anyone please help and give me some options. I need to know if they can make me pay so much and legally garnish my wages over here from Texas. It seems unfair we are struggling so much now and she is living a life of luxury.I am not a deadbeat dad and I do send her what I can. I have no more money to pay any more lawyers.

 

[irish223]

The judge has just ruled that I left the country on my own accord so I am still going to be liable for the same amount of child support and they are going to garnish it from my wages here in Australia.

This is the crucial element of your case. You chose to move which resulted in your current financial situation. If you had lost your job involuntarily, you probably could have gotten a reduction. Because you chose to move to Australia where you earn less, it is viewed as voluntary underemployment. Under those circumstances, it is legal, and yes, Texas can garnish your wages there.

 

[austex1961]

Thank you for your reply. So is there no where I can turn to for help or no way it can be modified. It doesnt seem right. I left the country as my new wife had been away from her 2 children for 6 years and they were begging her to come back. As for my son, his mother has brain washed him so badly he didnt want to come and stay with me unless he had too. I had a wonderful relationship with my son before I split with his mother. Anyway seeing my wife was so homesick for her children and mine didnt want anything to do with me I thought we would move there. We were also sick of the petty harrassment from my ex wife.We didnt realise how high the cost of living had got here though due to a mining boom. We also didnt realise all the qualifications you have to have to get a high paid income. I thought I was going to be making more money and the AU$ was high at the time so it really wasnt a voluntary thing to get into my current situation. If I went to the attorney general in Texas do you think they could listen to my case and maybe help me?

 

[irish223]

I doubt that would help, but I don't really know.

The bottom line is that your move was a choice. I doubt your reasons will matter. I think you'll be told that you should have checked everything out before you moved, including how your income would be affected.

Regarding the issues with your son, you could have done something about your ex's failure to facilitate his relationship with you, especially if visitation was not enforced. Repeated denials of visitation can result in a change of custody. If you had court-ordered visitation, then your son was not in a position to choose, and your ex was in contempt for allowing him to choose. By doing nothing then moving so far away, it will appear that you had no interest in continuing the relationship with your son.

Unfortunately, all that history negatively affects your arguments now.

 

[Duranie]

I have to agree with Irish. Since your move was voluntary they do not have to reduce your CS. You can contact an attorney in the state your divorce is out of and see if they can help. If you have visitation problems and she is not following a court schedule them you take her back to court for contempt. The fact you moved so far away is going to make it difficult for you to handle this.

 

[austex1961]

I had an email from my ex yesterday. She told me that if I paid her out the 12grand that is owed in back child support she wont want anymore child support. She realizes what a mess she has made of my life and that she got EVERYTHING in the divorce so is happy to just get the backpay. Can this legally be done and if so how? Thanks

 

[Duranie]

No, there is no way that will guarantee she will not ask for more CS. You still have to support your child. If she got everything in the divorce then you gave it to her or you had lousy counsel. You can pay up, but she can still file for future CS.