Tex Fiancee
12-19-2005, 07:29 PM
My fiancee has children from his previous marriage and did not seek legal advise when he got divorced. His ex said that she had filed a simple divorce and joint custody; however, my fiancee was born in raised in a foreign country and didn't quit understand all the laws and documents presented. So he agreed to the stimulations her attorney presented. He left the house in Texas to her and the children and within months after his divorce she moved to Indiana with the children and his is paying 40% of his salary for child support. He goes to visit the children every two months or as much as financially possible (incurring additional expenses for travel, lodging and car rental in addition to the child support he is paying). His ex will only allow him 2 weeks of summer visitation with the children and he must pay for all travel expenses for the children to visit him. In addition, the ex wants him to pay full CS payment while he has the children for the during the visitation time as well as all the travel expenses for the children. Note he was not aware of the fact that she was moving; however, she made sure to well document the child travel expenses if she was to move. He also does not have any holiday visitations and must kiss up to his ex wife to even get to see the children for holidays. What can he do to see his children more on holidays, get the ex to pay some of the travel expenses and reducing his child support payments? In addition his ex makes more money than he does is he still obligated in paying 40% of his salary in texas? Please help..... :confused:
stepmominTX
12-19-2005, 08:00 PM
We are in Texas too... Texas law is 20% of income ... I don't know where or how fiancee is paying 40%................ Several years ago we moved to OK for two years and my husband's ex had to pay 50% of travel expenses for my step-daughter..............we worked out a deal with her on that...we were suppose to pay over 700 amonth in CS but due to travel expenses that she legally had to pay 50% of we only paid 600 in CS every month..
And sorry to say your fiancee still has to pay CS in the summer even if he has the kids CS does not stop for the periods he has the kids
I know it is unfair you have the children and you still have to pay the CP when you are the one incurring expenses for the summer or for extended periods of time nothing about CS is fair or equal...
why wasn't Holiday time included in the visitation schedule??? Seeing the children does not have anything to do with money or how much one has to kiss up..................
Hope this helps
StepmominTX
How many children do they have?
txtreasure
12-20-2005, 10:56 AM
Yes well the dumba$$ that i was when I moved out of state with my daughter I had court permission, But in the summer while he has her since she was 3 when we moved and I knew at the time he would have to pay for Child Care while she was there I thought it was only fair that his CS would abate for that time MISTAKE, I still have to maintain a home for her and pay her insurance premiums while she is gone It was my choice to move and I pay all the transportation which 8 yrs ago wasnt bad but with the price of gas now adays Last summer it cost me $400 to get her up to Illinois and then to pay her insurance still while no CS is another $600 for those two months, Im in the middle of filing some motions to be heard for that... Since she is now 11 and he doesnt pay someone to keep her during the day and the cost of insurance, Im hoping the judge will be a little understanding, The move here was the best for us and I can prove it was better standard of living here
Has anyone else ever tried to do this?