BCB: TX Visitation/Support Modification

[Inquiry123]

What is the name of your state? TX

BoxCarBill or others...:

Visitation:
Divorce Decree in OK. I am NCP living in AZ and CP moved last year to TX. Did not have specific dates/times set for visitation in original DD...only 'liberal visitation'. I have retained a TX atty to move jurisdiction to TX and modify visitation schedule to TX standard schedule. Question: Does TX usually order both parents to split cost of transportation of children for visitation?

Support:
I recieved ppwk from TX AG office for modification to Child Support. In OK, the support was based on both parent's income. Questions: In TX I assume I'll pay 30% after taxes for my 3 children? How is base salary and bonus figured if the bonus can vary greatly? I also receive a company car that is reflected on my paystub...does that figure in? Can I send this request for modification with the supporting documentation to the TX AG or do I need to have the atty handle this as well? If by atty, can/should this be handled simultaneously?

 

[Inquiry123]

Bump.

 

[Boxcarbill]

What is the name of your state? TX

BoxCarBill or others...:

Visitation:
Divorce Decree in OK. I am NCP living in AZ and CP moved last year to TX. Did not have specific dates/times set for visitation in original DD...only 'liberal visitation'. I have retained a TX atty to move jurisdiction to TX and modify visitation schedule to TX standard schedule. Question: Does TX usually order both parents to split cost of transportation of children for visitation?

A:

At the risk of stating the obvious, TX is a very big state with a lot of judges. The brighter judges make it simple. They place the burden on the parent most motivated to carry out the responsibility. That means that means that the possessory conservator (known in other states as the ncp) is the one most motivated to pick up the child at the beginning of the period of possession with the cost of picking up the child and the managing conservator (cp) who is most motivated to have the child returned at the end of the period of possession with the cost for the return. It works out really well. If the ncp isn't interested enough to pick up the child, then the cp will not incur any cost. It the ncp is interested, then picking up the child is entirely with the ncp responsibility to gain access.

The bullsh*t of meeting half-way invariable winds back up in court. This is a 50-50 split of the cost and it places the distribution of that cost exactly where it belongs and where there will not be any crap about, s/he didn't meet us half way! Hopefully you will draw have a family law judge.

_________________________________________________

Support:
I recieved ppwk from TX AG office for modification to Child Support. In OK, the support was based on both parent's income. Questions: In TX I assume I'll pay 30% after taxes for my 3 children? How is base salary and bonus figured if the bonus can vary greatly? I also receive a company car that is reflected on my paystub...does that figure in? Can I send this request for modification with the supporting documentation to the TX AG or do I need to have the atty handle this as well? If by atty, can/should this be handled simultaneously?

A: A: True, presuming that you are legally responsible for only three children and those three are in one household. Most peoples income do vary month to month-- commission sales, construction workers etc., which is why calculations of income is based upon yearly income and then decided into monthly. The modification of custody and child support can be heard at the same time but generally the AG's office handles modification administratively. Whether you choose to have your attorney represent you on both matters is entirely up to you.

 

[Inquiry123]

Update: Almost There!

Thanks for your help...a little more advice needed!

Visitation:
After several months of waiting for a court date (and the common legal delays,) I am attending a hearing for a Temporary Order for visitation modification in TX. Looks like all will go well...set visitation schedule...1/2 transportation. This will be a Temporary Order...the judge indicated that she can set a temp order until jurisdiction of the case is moved from OK...so this was supposed to be expedient.

Support:
Ex has motioned through her att'y for documentation of my income for possible modification of Child Support. If TX ultimately gains jurisdiction of the case, will they have jurisdiction of Child Support as well as Custody? Will the support guidelines of the original state (OK) be followed by TX? I have read a couple of conflicting posts on this forum...my att'y indicates that TX will have jurisdiction over the Child Support issues as it is now the 'home state' of the children. Any experience on this out there? I will be meeting with my att'y in a couple of days...but this is a SMALL TOWN att'y without interstate modification experience...and a SMALL TOWN (county) judge. Please advise.

 

[monnickasmommy]

Your child support should stay in O.K

My husband has child support he set up in AZ- CP lives in the lake area-

Did you go through a child support agency like DESCS ? (Department of Economic Securtiy Child Support Office), If you are unsure - Call the child Support Office and find out-
My bil thought for 8 years his was through the court only... come to find out is was through DESCS office- He had no Idea-

 

[Inquiry123]

So far, so good

UPDATE

Visitation:
I was given EVERYTHING I asked for in the temporary order! Ex was stunned...an award winning performance...quote of the day: "I'm the Custodial Parent, it's up to me to decide what's best for the kids." Ouch! I went from 'reasonable visitation' (= ex's vacation-time babysitter) to...

1st, 3rd, 5th weekend each month
42 days of my choosing in upto 2 blocks during the summer
Spring Break
Alternating Holidays
1/2 Winter Break
and...now ex is required to provide 1/2 transportation.


Hearing for perm order next month...thanks to many of you for the advice and direction. Have made the preparations to rapidly propose the appropriate SPECIFIC changes to DD and have joint managing conservatorship awarded as well.

Again, THANKS!

Support:
Support Order orig in OK...I was paying directly per DD...for 1 yr now I pay through the TX AG's office instead to ensure documentation of payment. Any more input on above support question is greatly appreciated.

 

[nextwife]

Congrats! Thanks for letting us know.

 

[Inquiry123]

Support Guidelines TX or OK...here's the answer...

Found the answer to my Child Support Modification question...

As to whether TX (new home state) or OK (orig. support order state) guidelines would be followed when determining a modification to the original support order...

http://childsupportguidelines.com/articles/art200108.html

The new home state has jurisdiction to modify any part of the original support order that could normally be modified by the originating state...and cannot modify any part of the original support order that would not be modified by the originating state.

For example: The new home state can modify the support amount based on their support guidelines -- because the originating state would also be willing to modify a support amount given changed circumstances.

However: The new state could not modify the age until which support must be paid (eg. from 18 to 21) if it's guidelines were different from the originating state.

In my situation, this will most likely result in an increase of $150/mo to my support payment as TX only considers the net income of the NCP. If the OK guidelines were followed (they consider both CP & NCP incomes) my support would decrease by $110/mo since the CP is now working and has an income of $40K.

I suppose (haven't heard back) that my att'y will argue that the increase in visitation travel expense to myself caused by the move of the CP should offset any increase in the base support order...any experience on this?

 

[Inquiry123]

Final Modification Update!

Just to let you know...

Had the final hearing on DD modification last week. My atty was more prepared than I had hoped for! Judge ruled to...

Uphold temporary order of the TX Standard Possession schedule for visitation
AND
Appointed me as a joint managing conservator for the children
AND
Ordered ex to be responsible for transportation of the children following my periods of visitation
AND
Restored some of my faith in our legal system...and left my ex with her mouth hanging wide-open!

Thanks for all of the feedback and letting me vent a little. Now, on to the small claims appeal to get my $4K+ of unpaid loans back from the ex!!