Legal Question in Family Law in Texas
I have sole conservatorship of my 3 children and have since my divorce 10 yrs ago. My daughter was just one month when I filed for divorce. Ex husband signed everything uncontested and has been paying the same $700 (for3kids) each month since then. recently, my boys are getting older and i thought it was a good idea, since we live 10 mins from each other for them to have more time with their father.. They stay over at dads M-F to get to school and then come with me every weekend.. also throughout the week at times. Their father is now requesting child support of me, (even though I was trying to be fair and give him half back each month) to pay him for my two boys, claiming they lived with him for so many yrs. Instead of dragging this out, I made the decision to bring them back home and go back to original plans and see him on weekends. This has been the solution for the last month. Does he have grounds to take me to court for custody? My kids are 11, 12 and 17. Thank you for your help.
1 Answer from Attorneys
Stick to the order.
If he has the boys most of the time, then he is entitled to ask the court for you to pay child support for them. If your daughter is staying with you, then the court might award some "net child support" amount. For example, if, according to guidelines, you should pay him $500 per month for the two boys and he should pay you $600 per month for the girl (assuming he makes more than you do), then he would only have to pay you $100 per month. Likewise, assuming you make more than he does, you would have to pay some amount of child support to him.
Allowing the boys to live primarily with their father is clearly a material and substantial change in circumstances that would allow the court to modify the support order.
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