Modification in Child Support Tx?

[Military Dad]

Hello everybody,
I’ve been reading the boards over the last few years and have discovered this place is a great source of information. Like everybody else here, I have a problem and am hoping somebody here can help me?
Here’s my situation:
I discovered my wife was cheating on me in 1997, which ultimately led to our divorce in May of that year. Unfortunately my 7-year-old daughter got caught up in the middle of it. In the best interest of our daughter, the ex and myself decided to settle the outstanding bills, assets and agreed on a fair amount of child support between ourselves. We decided that my ex should have primary custody because of my Military career and the fact that I could be deployed at a moments notice for an undisclosed period of time, which would make it almost impossible for a single Dad, not to mention an unstable childhood for my daughter. The divorce took place in Harris County Houston, the Decree was signed and everything went well until a few years ago.
From time to time, the ex would call and ask for “extra money” claiming that my daughter needed extra clothes and books for school. In the interest of my daughter, I happily agreed and sent the “extra money” as requested.
The request for “extra money” started to come more frequently as the months went on until she finally asked for a permanent increase in child support.
I agreed to an increase in CS but told her I wasn’t going to send a check, she would need to file for a modification in child support though the Harris County Courts and I would not contest. They, in turn, would take the monies from my Military check each month as they always have. I never miss the money and she gets a check every month on-time.
Since I have stated my intensions, she has threatened me with a massive increase in CS though the state of Florida (which is were she lives now). Apparently she wants me to fork over the extra cash every month without going though the Court system (because she say's so).
She is upset because an attorney will need to be retained in order to file the necessary paperwork. She wants myself to pay for the modification, but that’s were I draw the line. The reason for the increase was because she decided to buy some extra land so that her and my daughter could have a horse and she needed to budget that “extra” money into the financing agreement. She has also stated that she needs the extra monies immediately to pull this loan off and cant afford to hire an attorney for the modification.
Being in the Military for a number of years, I have heard this phrase many times: “Poor planning on your part, does not constitute an emergency on my part”. I think this applies here?
Sorry for the long post, Guess I’ve been rambling on?
I’m looking for an un-biased opinion for the following questions.
1. Can the Ex go though the state Of Florida when I currently live in Texas and the original divorce took place in Texas?
2. Should she go though the Courts of Harris County, Houston and ask for a modification in Child Support? Or just request the extra monies from myself and hope for the best? I would prefer taking it though legal channels.

Again, thank you for reading my post and I’m hoping for some good legal advice. Please keep in mind, I don’t mind an increase in Child Support, I just think it should be done though the courts? Maybe I’m wrong?

 

[sunfun]

First of all honey, good for you for doing this the right way. You should go through the courts and make it legal. Otherwise your "extra" support will be seen as a gift to your ex and not necessarily as child support. She made the choice to buy the land. It's not your responsibility.
Second, how long has your child lived in Florida? If it's 6 months or more, custody issues must be heard in FL. However, I THINK (someone else chime in here) that SUPPORT is changed in the state where the support order originated (TX in your case).
Either way, if you have a standing support amount that has been signed by a judge, go by that order. Don't take your ex's word for an increase. Make her take it to court. The child support division will make sure you are paying the correct amount.

 

[VeronicaGia]

Is your legal residence still in TX? If so, the modification must go through there. You could hire an attorney to take care of this for you, you do not need to be present.

 

[ktarra617]

Their divorce was done is Texas, the exwife left texas, however dad is still here so Texas retains jurisdiction over the support matters. I know that for sure. As to custody matters, I would look for Bill to answer that one.

However, the darling ex can not get the support order transferred to Florida without dad agreeing to it and he's much better off having Texas retain jurisdiction anyway.

You are right that your ex must go through the Harris County Courts, one thing you might point out to your ex is that without the court order you can stop sending that extra amount at any time since its not ordered that you have to pay it. She is not guaranteed the money. I'm not saying that you would do that but you can always point that out to her that without the order she's hign and dry if you suddenly decide you have better things to do with that money.

And so her failure to plan better is no reason for you to go out and have to put out a bunch of money just so she can have more money every month if she wants it make her work for it.

You're being very smart here! Stick you guns about this and make her go for the modification.

Good luck to you!

 

[Military Dad]

Wow, you guys are a wealth of knowledge. Thank you very much for the responses.

I spoke with the ex last night after posting my message on the boards. She seems to think the State of Florida can, and will help her get the massive increase in CS she is seeking which is substantially more than I agreed upon? Possibly in retaliation to myself wanting to wait and have it done legally though the Courts of Harris County?

If I read your answers correctly? There is absolutely NO WAY Florida has jurisdiction over my case? I know I probably sound redundant on this, but I need to make sure this is a fact? Personally I think the ex is trying to scare me and is bluffing. Either that, or she doesn’t know what the hell she’s talking about (which is probably the case)

Thank again for all you help.

 

[ktarra617]

there is no way florida has or can get jurisdiction over support matters. Like I said before they may have jurisdiction over custody but that is not the issue.

Your divorce was done in Texas, you are still here, Texas has continueing jurisdiction over the case and unless she motions and you agree for the case to be transferred to Florida(Which you really should not do because Florida has a bad rep when it comes to reaming NCP's for support) the there is NO WAY Florida is going to get jurisdiction.

She's whistling in the wind. besides loans don't wait forever and the state governments don't move that fast. Being in the military you should know about red tape. Well Child support enforcement offices are the same way. If she get them involved it would probably be six months before she even had a hearing to learn exactly what we are telling you.

She must come back to Harris County. There is a law that governs this and I for the life of me cannot think of the exact name but it was designed to prevent CP's from state hopping to find a state where the laws are most favorable to CP in matters of custody and support.

She is stuck with the Harris County courts and state of Texas. But if I were you I would consult a lawyer in your area just in case she tries something anyway. Either way there has to be a hearing in Harris county if she is going to try to transfer the case.

Keep us informed of what happens.