Is My Child Support Really Going Down!!

I'm sorry. My daughter is going through some similar things. Your lawyer needs to be aware of all the things you have stated. I don't know if it is possible in the small amount of time to get written proof about the season tickets and cost of the ring. Definitely need a copy of the transcript - if it's in there, it's not hearsay. Your lawyer might be able to get the hearing reset in order to get whatever info needed - but he/she has to know about the spending and do a great job of questioning your ex. With his experience and obvious success in the work place before (because of the amount of money he's spending and his place of residence), the judge will take into consideration if he is really trying to get work or if he is being irresponsible - which is a no-brainer to you! Just because he wants to lower support doesn't mean the judge will rule that way. Good luck!

Hi E. -

Through my own experience this doesn't sound right. He's not the first father on child support that has lost a job. Just imagine if all non custodial parents had this option, childsupport would never be collected. No judge in their right mind would allow this. Is your child support order through the Attorney Generals Office? If it's not you may want to contact them and have a copy of your court decree with you. I know for a fact they will not allow this. My husband was laid off years ago and it took him about 8 months to find another permenant job but they continued to take the same amount of childsupport from his unemployment check. The only thing that could not happen is his childrens mother could not get an increase. If your ex can not pay the full amount he would simply go into the arrears and until he can find gainful employment and get caught up.what will probably happen is you and he with both of your attorneys will go into mediation to come to some type of agreement. What ever you do don't back down the amount will basically be whatever the 2 of you decide unless someone does not show up to court. Yes make sure you have any and all documentation you can find that shows his spending habits and the original decree that he signed. Good Luck!!!

First of all, do you have an attorney? If so you need to have a frank discussion with your attorney about the facts that you know. Most courts will require a child support obligor to complete a financial information statement showing what monthly expenses they have. Your attorney can send out discovery requests asking for bank statements, credit card statements and receipts etc. if it is not too late to do that. If this is a final hearing then it may be too late to do all of that. Let me know if you do not have an attorney. I am a family law attorney and former child support prosecutor in Plano and would be glad to discuss the issue with you if you are not represented by counsel.

If you don't have a lawyer, get one before the hearing. Or, request a continuance of the hearing until you get a lawyer. This is too important to handle on your own. If you need suggestions on a lawyer who can step in quickly, send me a private message and I will send you some recommendations. I think your intuition is right. He is going to pull something on you here.

You are right to be concerned!

Another poster offered to give you a lawyer's name. Do it! Be prepared. Your little girl is worth the time, money and effort.

E.,

You got some good advice here. I have been on the other side of the coin and I know through experience they can lower your child support. I also know judges are not stupid and can see through someone living on a $250,000 (for example) salary and trying to adjust child support to a $20,000 salary level. I am just spouting off numbers for effect, by the way.

I would definitely (A) get an attorney, (B) ask for his living expenses, etc. to be admitted, (C) document everything and (D) if applies, show where your child may require additional monetary support through education, etc. The more documented facts you have the better you will appear to the judge. You definitely don't want to get into a he-said/she-said situation and loose his interest in your case.

Also, I want to tell you how important it is that you handle this right the first time (NOW!). Courts do not like to see parents bringing suit over and over to adjust child support payments. Imagine what the court system would be like if they allowed this to happen every time a parent lost a job or took a cut in pay. Once the support has been set it will be your responsibility to bring the suit back to court for a future increase and be on your own dime. I think also you may need to have additional extenuating circumstances to bring it into court for future adjustments. Confirm that with an attorney as well.

Handle this right now to the best of your ability and make sure you have a darn good, aggressive attorney on your side.

In the meantime, I will say a prayer and wish nothing but the best for you. It is hard to be a single parent and even harder when you have to deal with issues like this.

I would document everything. I've been in court several times and the judge hates it when it gets into a he said she said thing. Once the judge is frustrated, they quite listening. If it's documented, it can be presented on paper and makes your case stronger. Include specifics like the date, the incident, etc. Any communication you have with him, do it in a certified letter. This way you will receive a receipt that he got it. These can also be used as evidence. Also you can record conversations, in Texas as long as one party knows it's being recorded (namely you) it can be presented as evidence. Document all of his behavior but be ready to back it up with evidence. Sometimes it's helpfult to hire a detective to follow them and document it for you. It can be expensive though. Good luck!

If your attorney has not sent out discovery I would suggest finding a new attorney today and filing for a continuance. Your attorney should be prepared to show the Judge at court tomorrow your ex's monthly expenses and how he affords them.. It is obvious with that life style he has T. making money or have money saved up somewhere. To all the posts telling you there is not a Judge that would do that to you NOT TRUE so prepare yourself.If your ex is able to prove he is making less money the Judge WILL lower your support UNLESS you are able to suggest to the Judge that he is lying about his income and use his lifestyle as supportive evidence. Good Luck

FYI- If your child support is lowered and, let's say, 3 months from now he gets a new job you will have to pay to take him back to court to have it adjusted.

What ended up happening??
My ex hasn't paid child support in about 10 months cause he claims he has no job. He never gave me a dime of "his" unemployment. Because of your post and responces I finally have files with the attorney general's office. I am starting to run low on cash and need my ex;s support. I have only been generous to this point cause the decree states he will give me quit a bit of child support, and I was affraid they judge would lower it for ever and was just hoping he will start working soon??
But he also needs to get some sort of job in the mean time to help a little. Right now my ex is living with a girl friend spunging off her?? At one point he reallly was a stand up guy???
Let me know how your case is going! Thanks, and good Luck.

If you have anyone to verify his extravagant lifestyle--and any kind of proof, then that would be a huge bonus for you. If you could even hire a P.I. to track him and his "life-style" that would be good.

Document and notate everything you can, even if you don't have 100% proof, just have the information written down. And again, if you have anyone inside his circle, like his family member's, that are on your side, you could use that to your advantage as well.