View Full Version : How can I get my child support lowered from Texas? My child is in California.
Desperate33
May 25, 2012, 10:05 PM
My daughter was born out of wedlock in California. Her mother will not allow me to know her address to send her gifts on holidays, will not allow me to talk to her on the phone, or even send me anymore pictures of her. The last time I seen her in person she was 6 months old. She is almost 6 years old now. I am ordered to pay 265 a week. Living in Texas minimum wage is 7.25 an hour. If I work a 40 week on that alone, that is 290 a week. After taxes... well that leaves me less than 265 which wouldn't even cover my child support. Lets say that I had a job that pays 10$ an hour and I work 40 hours a week. True that's $400 a week. After taxes, gas, and child support how in the hell do I live off that myself? Im not well educated so a job making anymore than that is darn near impossible to find. Matter of a fact any job here is impossible to find. Im living from day to day right now while my child support is collecting. I inderstand that she needs my support to but 265 A WEEK? Is that necessary? Her mother is a can in California making good money. I have asked lawyers and anyone I could but nobody wants to help me cause I'm in Texas and the case is in Cali. I got told that I had to go to Cali to even get it considered. Now if I had the money for all that I would dam sure be paying my child support. Can somebody please help me?
cdad
May 26, 2012, 03:39 AM
What you can do is ask for a modification. Also get some custody / visitation. You can ask to appear by telephonic means (over the phone). California uses a dissomaster and you can find it online to see what your child support is going to be like. Its clear that right now it is too high if your making minimum wage. As far as the courts caring in any way about how you live after child support they do not. All they want is money.
Custody is used in part of the formula for your child support so the more you have the better off your going to be for both you and your child.
ScottGem
May 26, 2012, 04:53 AM
When support was originally awarded were you in CA? Did you appear for that hearing?
Yes, you can apply for a modification. As noted, CA support is based on a formula based on income.
I'm also suspecting here that there may be some arrears being added to the weekly amount.
Do you know anyone in CA who can help you by filing the paperwork for you? AS also noted, you can request to appear at the hearing by telephone.
My guess here is that you didn't appear for the original hearing to show your income or ask for visitation and custody. So if you haven't seen your daughter or the mother is hiding her, that is partially your fault for not pursuing it.
Do you have a law school near you? Many schools have clinics that will help you prepare filings and strategy.