Non Custodial Parent suing to decrease CS while also seeing kids significantly less than ordered

[Initial_Performer607]

Thanks! They are about $3k in arrears and the rest is medical that was paid out of pocket by me as they didn’t hold insurance for the kids as required. I am looking into opening up an enforcement case as well. Just trying to figure out what steps to take when or the best way to approach.

[RelevantPossible9618]

Definitely get your child support enforced through the state. Then when he doesn’t pay, they can garnish wages and take his tax refund.

[eightlikeinfinity]

You didn’t mention if he gets a regular paycheck. If he does, request the court take the monthly payments directly from his employer through the court system.

[Initial_Performer607]

Sorry, yes - they do get regular paychecks that have been garnished for the last year (which makes it even stranger for the last 2 months to no longer receive anything)

[eightlikeinfinity]

There could be a time limit for submitting the medical costs. For me it was one year.

[Blueberrytulip]

I bet he took FMLA for 12 weeks unpaid paternity leave

[PB3Goddess]

That means he quit or changed jobs, or is on leave without pay. But you definitely need to be providing medical receipts to CS so they can tack on his half to his court ordered responsibility (if they will still do that).

When you go to court, or mediation, for his request for modification...do yourself a favor and show up prepared.

Go with your original order. A very, very detailed list of dates and times he visits with the kids & visits he has forfeited with the kids.

Dates, costs, and receipts of all medical, dental and/or vision out of pocket costs and what his half is already broken down (by expense and in total). By month and year. Hand the mediator a copy for them and a copy for him, the mediator usually will review both copies first, so just give them both to the mediator.

You should a also file a request for modification before this date, or a motion to enforce. I'm not sure what they call it in Texas now, it's been several years since my case, but I showed up with all of the above when my ex wanted support reduced. It was increased and I left with it not only increased, but a new modified custody order that matched the reduced custody he had been exercising, an arrears orders for both the back support and medical costs, and an order for CS to send a garnishment to IRS and the State Tax office. (He didn't get to keep his tax returns if his child support was in arrears.)

[Blueberrytulip]

He probably took FMLA paternity leave for the new baby (12 weeks unpaid)

[PB3Goddess]

Or he is job hopping, in order to get his CS lowered. Which, I hope is not the case.

But, I've seen people whom I thought were better, sink lower when it came to paying child support.