Articles Tagged with income

iStock-848796670-300x200In some Texas custody cases, parents may agree to a support order that differs from the child-support guidelines. A Texas appeals court recently considered what evidence was necessary to support a modification when the father’s income had increased significantly since the agreed order.

The trial court issued an agreed order in 2013 following a mediated settlement agreement between the parties.  The parties agreed the father’s child support would be $1,000 per month, because he would pay all of the travel costs when the mother moved to Virginia (which she did shortly after the agreement).

In 2017, the mother sought an increase in child support by filing a modification suit. Since the original agreed order, the father’s income had increased dramatically. The trial court ordered an increased monthly payment, but the appeals court reversed the order and remanded for a new trial, finding insufficient evidence supporting the amount ordered.

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iStock-531351317When a court determines the amount of Texas child support a parent is obligated to pay, it must consider that parent’s net resources.  The statute sets forth certain items to be included in the parent’s net resources and other items that are not to be included.  Tex. Fam. Code § 154.062.  An appeals court recently had to determine if a trial court could consider an item that is not specifically included in the statute.

The divorce decree required the father to pay child support, provide health insurance, and reimburse the mother for 50% of non-covered health-care expenses.

Mother Moves for Modification

The mother subsequently moved to modify the decree to change the father’s possession and access and to increase his child-support obligation.  She also moved to enforce the decree, claiming the father failed to reimburse her for health-care expenses.

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