Legal Question in Family Law in Texas

Ammending child support payments

The non-custodial parent has become laid off from their current job, which the wages from this job were used to compute the child support payments in the divorce decree. This parent is considering continuing their education and only working parttime for the next 2 to 3 years to get retrained in a better paying career.

Can they file some sort of ammendment to their divorce decree to have the child support payments reduced temporarily?

How would this affect their child support requirements? Can they be held in contempt of court if they are unable to pay the full amount as required by the divorce decree but pay a lesser amount?


Asked on 1/04/02, 10:55 am

1 Answer from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: Ammending child support payments

The Texas family code has providions for modifying child support in the event that sitation has changed. If the person ordered to pay suppot has a lesser amount being paid, they can have support lowered- vice versa is also allowed. Watch out - there is an intentionaql underemployment provision. Judges have the best interests of children first. They will look at the situation that exists and the likelyhood that the situation will improve the children's lives. I need to point our that this child seems to have been formed by committee. They are the mom and them are the dad. If you want to hide your sex try using the words petitioner and respondent.

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Answered on 1/06/02, 12:27 am


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