CAN I GO AFTER MY EX'S NEW WIFE FOR CHILD SUPPORT IN TEXAS?

Determining Child Support in Texas

Once a court order is issued, paying child support in Texas is a legal obligation. Child support guidelines base the amount owed on the following factors:

The child support calculation can also be influenced if the payee has additional children or dependents or their healthcare needs change.

child support modifications

Sometimes it becomes difficult for someone to continue to meet their child support obligation. Or, as the receiving parent, circumstances might change. This may mean that you need additional financial support. In these situations, it is possible for the child support amount to be modified.

In order to secure a child support modification, certain criteria must be met, either:

• A material and substantial change of circumstances, such as changes to the child’s needs or living arrangements, change in employment of either parent or increased caring expenses for other dependents.
• It has been at least three years since the original child support order and, in accordance with current guidelines, the amount that should be awarded differs by $100 or 20%.

How Remarriage Impacts Child Support

Remarriage alone doesn’t justify a change to child support. However, if your ex-spouse remarries and has a new child, then it will have an impact. If your ex-spouse has a legal obligation to support other children, then it may change how much child support they are required to pay to you. It is also possible that the courts will consider their financial obligations to a new wife and her children.

However, the court may also rule that financial hardship from a new marriage should not mitigate against dependent children from an earlier marriage. This may seem like a contradiction, and guidelines are up to interpretation by a judge. What the court appears to be suggesting is that a new child may be considered in a modification request, but any change should not negatively impact the children from a prior relationship.

A New Spouse’s Income Doesn’t Affect Child Support in Texas

One thing the Texas Family Code does make clear is that the court shouldn’t consider a new spouse’s income when calculating child support. However, it could have an impact if it affects your ex’s ability to pay child support. For example, if they have costs such as a mortgage, rent, or bills that they now share the cost of, then they may be able to pay more. As you can see, family law matters can be incredibly complex and open to interpretation. That is why it is best to seek help from an attorney who has experience in dealing with child support issues and family law, as their experience may prove invaluable.