I would like to know whether I have a chance to successfully file a motion to reduce or eliminate my child support.
I very reluctantly agreed to the high child support in mediation over two years ago because I did not want to see her or my children suffer financially even though we have split 50-50 custody.
She never got a job, which the decree said she would, and she remarried yet I am still paying a child support amount higher than the guideline suggests.
Do I have a chance at getting a child support modification?
This answer only includes general divorce help for men since I am only licensed to practice in Texas and am thus unable to provide advice on child support laws in your state.
In Texas, in order to reduce or eliminate your child support obligation you will need to file a Motion to Modify the Parent Child Relationship and seek relief for a reduction of child support and/or a modification of conservatorship (or child custody as its known elsewhere).
Since it has been two years since the last order you will need to plead a material and substantial change for the modification. It appears you have grounds for a material and substantial change due to the facts you presented in your question, i.e., she did not pursue a job and she is remarried.
If you are paying over the guideline amount of child support, then your income, if it has changed any, can be another material and substantial change.
How Much Should You Be Paying?
The courts do not look at your ex wife’s income in calculating child support and unfortunately someone has to pay child support. The amount if you were to go before a judge is set per the guidelines and all you need to do is show proof of income.
If you feel you would like to change the decree you should file for a modification and seek to be named the parent who designates the primary residence of the children. If you spend 50% of the time with the children anyway you may have a good argument to modify custody.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of fathers rights and advice on divorce, I urge you to contact a divorce lawyer.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Robin W. Klein, a Houston Divorce Lawyer, contact Cordell & Cordell.