Child Support Waiver

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Latest post 09-15-2010 8:38 AM by Drew. 12 replies.
  • 09-15-2010 1:28 AM

    • raven0408
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    Child Support Waiver

    My ex signed a custody agreement in March waiving child support for our son based upon the differences in our income (I am in college and have cerebral palsy). The court in Travis County approved the agreement. Today he called me and told me he will be pursuing support from me. He doesn't meet any of the requirements of a modification of child support, yet I know the Texas standard is best interest of the child. My question is: Can he modify the order so soon and force me to pay support without meeting any of the standard modification requirements?

     

     

  • 09-15-2010 1:46 AM In reply to

    Re: Child Support Waiver

    Where is your ex (husband or boyfriend) living now?

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 09-15-2010 2:12 AM In reply to

    • raven0408
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    • NY
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    Re: Child Support Waiver

    He lives in Travis County, TX.  I am currently in NY.

  • 09-15-2010 2:37 AM In reply to

    Re: Child Support Waiver

    raven0408:
    The court in Travis County approved the agreement. Today he called me and told me he will be pursuing support from me. 

    Generally speaking (most states) he would need to wait 3 years, unless he lost his job, before he could File a motion for Modification of Child Support.  So my answer to your question, (based on your post) is NO not at this time.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 09-15-2010 3:17 AM In reply to

    Re: Child Support Waiver

    You might also find this website helpful:

    http://www.co.travis.tx.us/dro/support_payment.asp#how_to_receive

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 09-15-2010 3:20 AM In reply to

    Re: Child Support Waiver

    Yes- if he would be entitled to child support under the states laws- that there was an agreement for no child support- is not an enforceable agreement- as you can't bargain away a child' s rights to be supported by both parents.

  • 09-15-2010 3:37 AM In reply to

    • raven0408
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    • Joined on 09-15-2010
    • NY
    • Posts 4

    Re: Child Support Waiver

    Would he need to show a change in circumstance to modify the current order or merely to apply for support since I'm not paying any currently? Thanks for the replies btw!

  • 09-15-2010 3:39 AM In reply to

    Re: Child Support Waiver

    Since there is no order- he would only need to apply to establish support.

  • 09-15-2010 3:49 AM In reply to

    Re: Child Support Waiver

    raven0408:
    Would he need to show a change in circumstance to modify the current order or merely to apply for support since I'm not paying any currently?

    So there is no court order that actually says your child support has been "waived"?  (I kind of thought that would be strange that a court would not make you pay at least $50.00 per month).

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 09-15-2010 4:03 AM In reply to

    • raven0408
      Consumer
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    • Joined on 09-15-2010
    • NY
    • Posts 4

    Re: Child Support Waiver

    There is a court order -the custody agreement. It says "The petitioner has waived child support at this time." I was naive-I gave up a whole bunch of things in order for no support so that I could finish school. Being pro bono did me no favors, wish I would have had the money to pay a lawyer.

     

    A little backstory I guess. I graduated with a JD and moved to Texas but gave up my career when my son was a baby to take care of him. Was a stay at home mom for 8 years and when we broke up, he took my son. He applied for custody and I haven't worked in anything but minimum wage part time jobs in 10 years. Trying to dig myself out of this mess, and have no income while I'm at school.

     

    ...didn't want anyone to think I was a deadbeat trying to dodge support :)

  • 09-15-2010 7:54 AM In reply to

    • Drew
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    • Joined on 03-30-2000
    • PA
    • Posts 49,103

    Re: Child Support Waiver

    You must not have paid a lot of attention in class?

    I would think if you reached a private agreement which is then incorporated into an order  that you are stuck with the order --and that either side must meet the criteria to open or seek modification to the order.

    But the precise language you quote seems ultra sloppy and invites taking view that  it is now time  to change...and if the  deal was to waive CS until you completed school and you now complete school it might be a plausible reason to open it.

    BTW, despite the fact that places are laying off teachers, at least in my area a Dr of Law degree is an earned doctorate (w/o admission to bar) and puts one at top of public school salary structure especially in schools trying to paint picture of how well educated their staff is.  You might need say 4 mickey mouse courses for a state certificate then again in my area they seem to issue emergency certificates to warm toadstools



  • 09-15-2010 8:07 AM In reply to

    Re: Child Support Waiver

    It doesn't matter how it was worded- it was worded that way because no matter how it was worded- it would have no meaning if support was sought at any time.

  • 09-15-2010 8:38 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,103

    Re: Child Support Waiver

    It would appear that Texas language allows for liberal revisit and elsewhere the language clearly suggests that completion of college degree is also a valid reason to revisit .

    Grounds for a modification include a material and substantial change in the circumstances of a child or a person affected by the order, or the passage of three years since the last child support order and a difference in monthly payment by either 20 percent or $100 from the child support guidelines.



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