CS/parenting plan and retirement

[wldcherry1]

CP and NCP were divorced in TX in 2000.  NCP made approx 4000.00 Net a month.  NCP was ordered to pay 897.00 per month for three children.  NCP moved from TX to Europe due to military obligations.  NCP has borne all transportation costs.  Children are too young to fly alone so NCP must fly to TX pick up the children and then fly them back at the end of their parental time.  


NCP retired from the military in April 2004 and currently makes 1954.00 a month.  NCP will remain in Europe for another three years due to current spouses career.  During this past summer NCP realized that they can't continue to pay 897.00 in CS and pay for transportation costs etc.  

NCP would like to request a modification of CS and the parenting plan.  In the parenting plan NCP has asked for shared transportation costs, claiming the children on taxes every other year.

I know you can't read judges minds but I am asking your opinion based on what you have seen in similar cases.

1.  Does NCP have a good chance of getting a reduction in CS?

2.  Can NCP request a review or do they have to file?  If so does the NCP have to be in TX to file?

2.  Does the NCP have a good chance of getting the parenting plan modified and does the NCP have to be in TX to file?

[socrateaser]

>1.  Does NCP have a good chance of getting a reduction in CS?

If you are living on retirement income and you are of a typical retirement age (65+), then the court would be unlikely to demand that you continue to work at your earning capacity, in addition to your retirement benefits. If you're younger, the court will start to lean in the direction of your working. The younger you are, the further the court will lean. If you are still in your 50s, the court will make you work.

>
>2.  Can NCP request a review or do they have to file?  If so
>does the NCP have to be in TX to file?

Depends. Child Support Enforcement agencies are usually not real interested in helping NCPs, but you can certainly open a case for review, and see where it goes (could be administratively stalled for months). If you want a faster answer, then you need to file a motion to modify.
>
>2.  Does the NCP have a good chance of getting the parenting
>plan modified and does the NCP have to be in TX to file?

You don't have to be physically present in TX, but you must file therein. As for transportation costs, the court will consider ordering a parent to contribute to some of these costs if it sees a material improvement in that parent's earning capacity, net worth and/or actual income.