Question: I have been divorced since September 22. I currently pay child support. I work an average of three days a week and take my son overnight an average of 3-4 days a week (over 50-55%). My ex has a full time job and is supporting herself. She puts our son in daycare two of the three days a week she has him. Is there a possibility to have my child support removed?How would I go about calculating it so that it is more representative of the actual time that we have him?
Answer: First and foremost, you should contact an attorney in your jurisdiction. Although I do not practice in Texas, we have many attorneys licensed and located in Texas. I would need more information as to the terms of your final Order in order to give you direction on where to go from here.
Child support modification requests are made by filing a motion to the court. You must review the terms of your current placement and support arrangements to determine whether or not you are able to seek a modification given your divorce was less than two months ago. In addition, the specific requirements of the laws of your state as to time lines and criteria for reviews would need to be reviewed as well. Depending on the laws in your state, you may be able to appeal the final order but there are strict time restrictions as to when you have to file an appeal. Schedule an appointment with an attorney and be sure to bring your divorce documents with you.
Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.