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tl0127 · Jan 17, 2011, 07:47 AM

During our divorce and even in our amendment of custody we decided no child support how can I change it so I can now get support?

JudyKayTee · Jan 17, 2011, 07:49 AM

Go to Court and file a Petition to modify the previous agreement.

Was something else agreed to in exchange for child support such as a lump sum, something else?

And the State is important. I'm a little curious because in many States you cannot waive child support no matter what the circumstances are. It's ordered but then the parties agree not to pay/accept the payments - off the record.

If you want a modification you will have to show substantially changed circumstances.

excon · Jan 17, 2011, 07:50 AM

Hello t:

Go to court. You'll win. Your previous agreement isn't legal.

excon

tl0127 · Jan 17, 2011, 09:58 AM

at first we had joint and equal custody. Then she decided to move away and I didn't want anything from her so I still left the no child support. I have full custody and she has visitation. This modification was done in 2008. She lives 1000 miles away and comes once a month to see our son. She pays for her travel cost. She pays for half of his school school clothes, school expenses and half of his extra curricular things. There is no change in circumstances, I am re married and make like 5x more than her. I just want her to pay child support.

tl0127 · Jan 17, 2011, 09:59 AM

We are in Texas.

JudyKayTee · Jan 17, 2011, 10:02 AM

"I just want her to pay" is not going to persuade the Court. If she pays half of the expenses you have mentioned she IS paying child support.

Here is the form Texas uses. Punch in the numbers and see what each of you would owe. Texas Child Support Calculator - AllLaw.com

tl0127 · Jan 17, 2011, 10:03 AM

We live in Texas and during our divorce and even in 2008 we agreed to no child support and it is in the court orders. At first we had joint and equal custody. Then she decided to move away and I didn't want anything from her so I still left the no child support. I have full custody and she has visitation. This modification was done in 2008. She lives 1000 miles away and comes once a month to see our son. She pays for her travel cost. She pays for half of his school school clothes, school expenses and half of his extra curricular things. There is no change in circumstances, I am re married and make like 5x more than her. I just want her to pay child support.

ballengerb1 · Jan 17, 2011, 10:07 AM

She is already paying more than required by the courts. You make 5x as much as her. Why would the courts change the terms of your divorce now? Tell us your logic because the only way this could happen is if you can convince the courts too.

tl0127 · Jan 17, 2011, 10:11 AM

In our custody papers it says she gets once a month visitation her choice and needs to let me know at least 14 days ahead of time. Can she give me the dates for the next 4 months and I have to agree? And if she had Christmas Vacation and it ended on Jan second can I say that was her month for December.

Also if our papers says she can communicate with our son at least once a week through phone or email. Can I tell her email our son instead of call if I pay the phone bill?

ballengerb1 · Jan 17, 2011, 10:17 AM

No you don't get to pick how she communicates with him. She can call, e-mail, text,.

Fr_Chuck · Jan 17, 2011, 10:20 AM

First the no child support ( really surprised any judge would even rule on it, but I assume it was only because of the 50/50 split of custody.

But yes, you file a motoin to admend the child support and custody agreement

Wondergirl · Jan 17, 2011, 10:24 AM

I'm curious as to why you are so eager to control every aspect of her share of custody -- money, communications, travel.

tl0127 · Jan 17, 2011, 10:29 AM

Because I have full custody she just has visitation. She is the one that decided to move. Why should I plan my life around her, she should have to plan her life around me. And I pay the phone bill, why should I pay for her to talk to my son.

Wondergirl · Jan 17, 2011, 10:31 AM

Originally Posted by tl0127

And I pay the phone bill, why should I pay for her to talk to my son.

You pay for collect calls from her, or pay for her cell phone? I don't understand how you pay "the phone bill."

tl0127 · Jan 17, 2011, 10:33 AM

I pay my cell phone bill from which she text me and ask me if my son can call and then he calls her on Sunday nights. Its my minutes that are used.

Wondergirl · Jan 17, 2011, 10:40 AM

Originally Posted by tl0127

I pay my cell phone bill from which she text me and ask me if my son can call and then he calls her on Sunday nights. Its my minutes that are used.

She has to get your permission? So wasn't that your requirement that you should then pay for the minutes?

Sunday night is the usual call time?

nlig0123 · Jan 17, 2011, 10:43 AM

Dude, you are just being a d***. No judge would rule in favor of you. Besides, if she really pays what you say she does then in the end she's actually paying more then what child support would call for. If you make as much as you say you do (which I really doubt because then you'd just ask your lawyer who you could easily afford this stupid question about changing your child support ruling) then you must be a smart guy, do the math. Your making out in the end.

tl0127 · Jan 17, 2011, 10:43 AM

Yes Sunday is when she texts me and then I let my son call.

tl0127 · Jan 17, 2011, 10:46 AM

I make about 40,000 she makes maybe 13000. I am married and my wife has a job.

Wondergirl · Jan 17, 2011, 10:52 AM

Originally Posted by tl0127

Yes Sunday is when she texts me and then I let my son call.

He's her son too.