Full question:
After 11 years of collecting $260.00 a month in child support I recently requested a review to increase. We met at the A.G. office and found out that he will be paying over $900.00 a month. He refused to sign the papers and hired an attorney. He has our 14 year old daughter with him and is planning to take her to the attorney's office today to sign a document stating that she wants to live with him. She spent the whole night texting me to please help her because she does not want to live with him. He told her that if she doesn't he would rather quit his job and go to jail than pay me and she would never see him again. I can barely make ends meet and mostly make it by getting payday loans. I cannot afford an attorney. He had me thinking that he was broke, then I found out that he is making $78,000 a year. What are my chances of winning against him? I'm afraid that he is going to manipulate my daughter into signing the papers today. She said he was bribing her and telling her that she can still live at my house, she just needed to say that she lives with him. He promised to take her shopping and buy her expensive clothes any time she wanted. I'm completely broke and in the middle of a bankruptcy. Do I even have a chance without an attorney which I cannot afford?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Texas
Answer:
The non-custodial parent can seek a modification of custody based on significant changes. A 14-year-old can express a preference for where they want to live, which the court may consider. If your daughter communicates her wishes, you can request the court to interview her. The court ultimately decides what is in the child's best interest, considering all circumstances. If there's evidence that your daughter is being pressured to change her residency to reduce child support, this may influence the court's decision.
In Texas, the court uses Child Support Guidelines to determine support amounts unless it finds that following these guidelines would be unjust. The guidelines consider the combined income of both parents, child care expenses, health insurance, and other factors (Tex. Fam. Code § 154.123).
Key statutes include:
- Best interest of the child: The court prioritizes the child's best interest (Tex. Fam. Code § 153.002).
- Child's preference: A child aged 12 or older can express their preference for residency (Tex. Fam. Code § 153.008).
- Child interview: The court may interview children 12 and older to understand their wishes regarding custody (Tex. Fam. Code § 153.009).
While you may face challenges without an attorney, you can still present your case. Consider seeking assistance from legal aid services that may offer free or low-cost legal help.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.