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Anyone with a case in Tarrant County, Texas (or other) to lower child support?

herewegoagain's picture
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My husband works in sales. In 2006, the witch took him to court to get CS increased. Of course, she got it, although he had lots of proof that because his income is 40% based on commissions, the amount of his previous W2 was nowhere near what he was making at the time...he ended up making about 30K less that year than the previous year. But we know, the court didn't care.

Now we moved because we could no longer afford our house, plus all the bills that piled up from the increased child support, ruined credit (his ex-wife lied to the courts and told them he had never paid), etc...and his company told him his new job, with a 2yr contract he had to sign was to be 80% salary and only 20% based on commission. We thought this would help some to alleviate the hit and get back on our feet. Well, as we know, the companies are laying off people left and right and his company decided that instead they would lower his salary to again 60% salary/40% commission...that meant his salary was 400USD less every month. With the economy so bad, although he is the only one that has sold anything in his team, he has made less than 12K from Jan 1-through today...this 12K is GROSS and does not include reductions for taxes, medical (he pays for his daughter, but the mother has not used once in 3 years)...

So today we figured that from the Gross to the actual NET he will receive for this year, his take home pay will be somewhere between 18-20K!!! His CS for his ex-witch is 5,400USD a year-tax free to her! Our son has special needs and we spent just in one month over 1K in doctor bills to pay his deductible for the year...

He called the CS idiots in Tarrant County and they told him that if he got a part-time job, they would now consider that part-time job as part of his income and could increase CS!!! They also told him that in order to ask for a reduction, he would have to provide the last 6 paystubs! Well, that's no good because the first couple of months of the year, he got an advance from his company, totaling 3K that he has to pay back within this year through making additional commissions...Again, as we all know, nobody is selling anything these days...So if we take his last 6 paystubs, it'll show this amount that was not truly income, since he owes it to his company...

I am at my witts end! We can barely afford my son's therapies...there have been numerous times we have taken our son to doctors and have not been able to continue his treatment due to not having enough money...I am now taking money out of my 401K, that I saved BEFORE I met him to make ends meet...but everytime I take money out, I just pay a penalty on that income...and no, I don't get the penalty waived because in order for that to happen, it has to be more than 7.5% of your income and well, as of right now, it's not...

Anyone that can suggest either a good lawyer that won't charge us an arm and a leg...or suggestions on how to get this lowered? I truly feel like just disappearing and taking off with my son...I can't continue to subsidize that ex-witch and her lifestyle while my son does without...and yes, his daughter is 14yrs old, in 7th grade...God only knows if she passed this year...so for now, we'll be paying until she's almost 20yrs old!

Most Evil's picture

I can relate, as my DH is 100% commission and is actually laid off now. But his income had dwindled to almost nothing before that, but thankfully he is receiving unemployment, for now. We pay the full amount of $700/mo. out of his unemployment, but if he can't find a salaried position we will be filing for a reduction.

I too spent almost all of my 401(k) to cover expenses and am just hoping we can make it up after SD ages out of child support. It sucks and I don't have any advice, just to let you know, you are not alone. I am refinancing to reduce monthly expenses so if you have any equity this is the time to refinance, I got 4.5% interest which is great.

You could work part time if you can and that will not be figured into child support. I did that for a while and it did really help, just 8 hrs. a week in a commission sales job for home improvements, so I made more than hourly rate, it was pretty easy but I finally stopped now to rest some and spend time with DH.

I pray things work out for you and your son. It absolutely sucks that the 'first family' takes priority over 'your family' and I believe is just a patriarchal society device to make spouses pay for not kissing *ss enough to where they split up. Keep your chin up and please let us know what happens. And, Happy Mothers Day! Smile

"A lie told often enough becomes the truth." - Vladimir Lenin

melis070179's picture

My sister is in a world of hurt too, and her husband has a high cs payment. $1300/mo for 2 kids and ther are $80,000 in credit card debt. Apparently they are planning to just keep paying minimum on credit cards and living off them until the kids are 18 (4 more years) & they will file bankruptcy. Its a sad situation.

"You never realize how short a month is until you pay child support"

Rags's picture

He is not in Tarrant County but he is a Texas lawyer and may be able to help. He has done a great job for us with several issues regarding my SS's Visitation/Custody/Support case as well as a commendable job for several family and friends that we have referred to him.

Best regards,

herewegoagain's picture

Thanks to all...sorry I didn't respond earlier...it's been crazy...we are giving up and moving out of the country again...can't deal with this anymore or wait for DH to lose his job and end up in jail for not paying the witch...

herewegoagain's picture

Sadly, DH's take home pay is about 1600USD a month right now...that's not enough for anything...especially when you can't get out of an apartment lease after losing your job or reduction in income...sigh...so every month I take out more money out of 401K...before the witch took us to court I had over 90K in my 401K...I am now down to 16K...ready to lose it.

About the 6 months pay stubs...funny, the idiots asked for only two months plus previous year's W2 for an INCREASE...but for a decrease they want 6 months plus W2...sigh...

Honestly, I am so worn out by now that I almost would rather DH lose his job and we move out of the country and she can then shove it...than continue to lose my 401K and then end up pennyless and without a job at some point...

saracarrol's picture

It’s really shocking and so difficult for your family to pay CS when you are striving hard for a living and emergency treatment of your son. And ur SD is receiving medical which is rarely need to spend. Truly, how so imbalanced our society and legal system is! I pray and hope you and your family comes out of this mess very soon. Don’t lose your courage. Life is not always easy, but you can overcome it.Horses for sale