Dallas, TX asked in Family Law for Texas

Q: Father defaulted on SAPCR in Aug 2019. He currently filed for a modification due to a substantial decrease in income.

I understand that the child support will more than likely be decreased. He currently has an arrearage of $40,000. Will the courts further reduce child support to take into account his travel expenses for him to see our children? He resides in Florida, the children and I reside in Texas. Jurisdiction is in Texas.

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1 Lawyer Answer
Jonathan Tanaka
Jonathan Tanaka
Answered
  • Harker Heights, TX
  • Licensed in Texas

A: Hello, thank you for your question! I would recommend that you reach out to a local family law attorney in your area so the attorney can take a look at your divorce decree and ask more questions to better understand the facts surrounding your situation. An important question is why did the dad move to Florida and when?

As with any case, it is not possible to determine how a judge will rule in this modification. However, yes, if he can adequately demonstrate that at least 3 years have passed since the divorce decree was entered AND "the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines" (see Texas Family Code 156.401) the court *may* (but is not required to) modify the amount of child support.

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