Child support modification

[bullet7799]

What is the name of your state? Texas

I was court ordered to pay child support and insurance in 1999. At the time I was 18 and living with my parents. Now, I am earning less, and married with a child. They also ordered my employer to put the child on my insurance, which I can not afford. We are on food stamps, my wife and son are on government medical assistance and I can't pay my bills. They also have taken every income tax check since '99 for back child support. For over 2 years they did not have an address for her, but continued taking my income tax. I contacted my local OAG office to get support modified and they said that none of that matters. They were very rude! I understand that I need to pay child support, but I have a wife and child living with me that I can not support, either. I just want the payments reduced, so that I can still support my family. There is no way that, I can afford an attorney. Please, HELP!

 

[Gracie3787]

What is the name of your state? Texas

I was court ordered to pay child support and insurance in 1999. At the time I was 18 and living with my parents. Now, I am earning less, and married with a child. They also ordered my employer to put the child on my insurance, which I can not afford. We are on food stamps, my wife and son are on government medical assistance and I can't pay my bills. They also have taken every income tax check since '99 for back child support. For over 2 years they did not have an address for her, but continued taking my income tax. I contacted my local OAG office to get support modified and they said that none of that matters. They were very rude! I understand that I need to pay child support, but I have a wife and child living with me that I can not support, either. I just want the payments reduced, so that I can still support my family. There is no way that, I can afford an attorney. Please, HELP!

The OAG office was PARTLY correct, it does not matter that you now have a wife and another child. However, it does matter that you earn less, and therefore you have a change in circumstances that qualifies for a reason to file for modification.
Go back to OAG, tell them only that you are earning less, a modification is needed, and that it is THIER responsibility to file petition for modification .

Be prepared though, the court will want to know if your decrease in earnings is something you chose, or if it was through circumstances you had no control over. And please, take my advise: DO NOT tell them about your wife's and second child's needs or problems, for 3 reaasons: 1- they don't care, 2-legally and morally your first responsibility is to your first child, and 3- it will only make the Judge angry.
Lastly, you and your wife need to get up off your butts, get a second/or better paying jobs , and stop having the rest of us taxpayers support your two families.

 

[stealth2]

Unfortunately, you're likely not going to have much success, with a lawyer or without. The law sees your support of your first child as your number one obligation - one you were aware of when you got married and had another child. Does your wife work? She may need to, at least part-time. Or you may need to take a second job to make ends meet.

I'm sorry - I know that isn't what you wanted to hear.

 

[BL]

For over 2 years they did not have an address for her, but continued taking my income tax. [ quote by orig. poster ]

That has no bearing. When they find the person owed they will pay them all the money they collected and due them , or if they were on some public assistant , some or most of it would go back to the State.

Either way that argument is a non issue .

 

[SM5NY]

Of Course everyone is right and Gracie sure said it. The jugge will not care at all about your wife and child now. If you already had a child you couldn't support you shouldn't have had another, is basically the way it's looked at.
It would be a good idea to find those better paying jobs for both you and your wife since you have 2 children to support. Go back to school if you have too. After all whether or not you had that fisrt child you would need to pay for a roof over your heads and have bills and need good paying jobs.

 

[nextwife]

Your wife knew you had a support obligation, so did you. Many of us woman DEFER starting our families until we have sufficient career experience to match or surpase our spouses incomes.

 

[SM5NY]

No matter if you are a man or a women, you have the obligation to support and care for the children you have. Whether you have 1 or 10, you have to support them all. So don't have them if you can't support them.