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How is income properly calculated for child support when parent does not respond?

How is income properly calculated for child support when parent does not respond?

Q: What if my ex lied about his income for child support?

If your ex lied about their income, you can contest the child support order by presenting evidence of their true income. This may include pay stubs, tax returns, or other financial documents. You may need to file a motion for modification of the child support order to have it adjusted based on accurate information.

Full question:

My ex husband didn't show up for child support court and his income was not stated in court so they based my orders on minimum wage. I am going to do a motion for a new trial and need his income verified. Is it possible for me to obtain this information from his employer?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Texas

Answer:

If your ex-spouse did not appear at a court hearing, there may be avenues available to child support enforcement. In Texas, the Court orders that the child support be paid to a Child support Collection agency, who processed payments received and then forwards the payments on to the recipient of the payments. The universal collection agency is the Child Disbursement Unit in San Antonio. They collect the support and then distribute the payments received.

You may have to subpeona his employment records for the next court appearance regarding child support. They are not obligated to produce them without a subpeona.

We would recommend consulting with a local attorney regarding your rights when your ex-spouse does not appear for court or does not respond to child support requests.

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.

FAQs

What not to say in child support court?

In child support court, avoid making personal attacks against your ex-spouse or making emotional statements unrelated to financial matters. Do not exaggerate or lie about your own financial situation or your ex's income. Stick to factual information and relevant evidence regarding income, expenses, and the needs of the child. This approach helps maintain credibility with the judge.

How to prove ex is lying about income?

To prove your ex is lying about income, gather evidence such as pay stubs, tax returns, or bank statements that contradict their claims. You can also request a subpoena for their employment records or use records from the Child Support Collection agency if applicable. Witness statements or documentation of lifestyle changes may also support your case.

What is a counter petition for child support?

A counter petition for child support is a legal document filed in response to an initial child support petition. It allows the responding party to present their own financial information and request a different child support amount. This document should include evidence of income, expenses, and any changes in circumstances that justify a modification of support.

What if my ex lied about his income for child support?

What if a parent lies about income for child support?

If a parent lies about income for child support, the other parent can challenge this by gathering evidence that shows the true income. This may involve obtaining financial records or seeking a court order to compel the parent to provide accurate information. Courts take fraudulent claims seriously and may impose penalties or adjust support amounts accordingly.

What happens if my ex doesn't show up to family court?

If your ex doesn't show up to family court, the court may proceed without them and make a decision based on the evidence presented. This could result in a default judgment against them, which may include orders for child support or custody. It's important to document their absence and any attempts you made to notify them of the court date.