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getting a better job child support question

Started by Bradley, Dec 28, 2005, 10:27:43 AM

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Bradley

Living in texas I have recently gotten an offer to take higher paying job. If I don't tell the bio mother about the higher paid position, will it come back to bite me in the wallet later on?

socrateaser

>Living in texas I have recently gotten an offer to take
>higher paying job. If I don't tell the bio mother about the
>higher paid position, will it come back to bite me in the
>wallet later on?

No, but if your wages are being garnished, then, if the garnishment is being sent to the state collection unit, the state will recognize your change of employment and may act in the child's best interests to move for a support modification. And, if your employer is sending payment directly to the other parent, then she will see that the check issuer has changed and she can then move for a support mod.

However, during the time period when you are earning more, and no new support modification is filed, the court is prohibited by federal law from retroactively increasing your support obligation. That is, until either the mother or the state files to modify support, your new higher income will never be subjected to arrears for the amount that "but for" the failure to file for a modification, would have been otherwise awarded to the other parent.

So, the short answer is "no," but, it could cause the court to lean heavily against you, wherever possible, if and when a support modification motion is filed in the future.

Bradley

The last change in child support was last November according to Texas law we have 2 years before another change can be made. I would not mind reporting  new salary if I thought that the money was being used for the child.
To protect myself, should I wait the two years and report my new salary myself?

We pay for all kinds of extra curricular activities and buy 1/2 school uniforms and such, would this not make up for the salary difference?

socrateaser

>The last change in child support was last November according
>to Texas law we have 2 years before another change can be
>made. I would not mind reporting  new salary if I thought that
>the money was being used for the child.
>To protect myself, should I wait the two years and report my
>new salary myself?

I'll wager that evidence of a salary increase voids the 2 year rule and permits a modification in the cihld's best interests. My advice is that you just go on with your life as if nothing's happened, and if the other parent moves to modify support that's your bad luck, and if not, it's your good luck.

>
>We pay for all kinds of extra curricular activities and buy
>1/2 school uniforms and such, would this not make up for the
>salary difference?

Whatever extra you pay, if it's not court ordered, then it's a GIFT, and has no bearing on support. The other parent has no right to receive any more or less than the court orders, so it's not a question of good or bad, it's only a question of what's legal and what's not.

My advice is that you either stop gifting things, or recognize that they are gifts, nothing more, and they have no reimbursment value to you in the future.