Strange Situation

[dadaggie]

I have custoday of our two sons. During our divorce my ex and I agreed that, instead of child support, we would each pay half of the cost to the private school that our children were attending. Last year the boys started in public school. We agreed on the change as I was moving in with my new wife and moving to another city about 30 miles away from the school.

I have mentioned to my ex that she should now pay child support. She has stated that she has no problems with this but wants me to file so it would be "legal". We agreed on an amount that was lower than what the state would require. I informed her she could pay me the agreed amount and we could stay out of the courts, but if I filed the judge would set the amount. I plan on filing without a lawyer since my divorce lawyer was not fully involved in my case and I handled most of the issues involved by myself. My question is this - Since the papers say we share in the cost of the private school in lieu of support, should the filing be a modification or should I ask for enforcement?

 

[army judge]

Do you really want to do this?

Why?

Why not just leave things the way you previously agreed?

What if the kid's mom were dead?

What if she lost her job?

What if she were very ill and couldn't work?

Are ya' feeling me, dad?


Do you really want to do this?

Do you need that extra $200-300-600-900 that much, dad?

Think about it.

Their mother is right to want her child support payments memorialized and court ordered.

If you "want" this, you need to petition for support.

The court will follow the prescribed guidelines.

 

[army judge]

Don't be surprised if mom argues to no longer pay for private schooling. Or, mom might argue that her school payments be used as an offset against her support payments.

Courts now allow the use of an asset (such as an automobile that one parent pays the note on) to be considered in offsetting support. If the car note is $500 and support is $600, as long as you keep using the car, cash payments would only be $100.

 

[dadaggie]

I may not have been clear - the mother no longer pays for private school. The boys have been in public school for a year now. She has not paid for school since April of 2010. From the day temp orders started I never received any support money from her. I am only asking that now - instead of not paying for tuition, she pay child support

I'm a bit confused. Why do you ask "do you really want to do this?" She works, has worked, and will continue to work. If custody had been reversed this would never have been an issue. I would be paying and I have no problem with that.

I came here asking for advice and feel like I'm being made out to be the bad guy.

 

[army judge]

I may not have been clear - the mother no longer pays for private school. The boys have been in public school for a year now. She has not paid for school since April of 2010. From the day temp orders started I never received any support money from her. I am only asking that now - instead of not paying for tuition, she pay child support

I'm a bit confused. Why do you ask "do you really want to do this?" She works, has worked, and will continue to work. If custody had been reversed this would never have been an issue. I would be paying and I have no problem with that.

I came here asking for advice and feel like I'm being made out to be the bad guy.

I asked because I thought she was doing what you and she had agreed to, pay for private schooling for your children.
This deadbeat cow dishonored your bargain, and never lived up to her word.
Now I fully understand.

That said, don't do anything not sanctioned by the court.
It is obvious this creature won't keep her word.
She might even fail to honor her obligations if you take her to court.

So, you betcha I'd take her to court.
Here are the Texas child support guideline.
Actually it is a calculator that lets you know what someone should be paying:

http://www.alllaw.com/calculators/childsupport/texas/

What you should do is seek not a modification of the existing support order, because you don't have a support order.
You now seek to establish support.
That is what you should ask the court to accomplish.

Good luck.
I'm clear, clear as crystal now.

 

[dadaggie]

Thanks for the info. Will look to sitting down with a local lawyer here and get that ball rolling