The custodial parent hired an attorney to modify child support, which I thought was unnecessary since she could have opened a case instead. I used to work in sales, and my commissions were high for 2022 and 2023. However, I changed roles in 2024 for a more steady and less stressful position within the same company. Now her attorney has requested W2s, pay stubs, and income tax information dated from 2022. Given the high income in 2022 and 2023 compared to my lower pay in 2024, I’m wondering how the judge will decide. Will they base the new child support on my 2022-2023 income or the new lower 2024 income? I’m in Texas for context. Thank you.
The fact that you earned more during the two years support was locked in and then took a lower-paying job for the year the review would be based on is not a good look. Her lawyer will probably argue that you are capable of earning more.
@Waverly
I see your point. I’ll have to prepare for that kind of argument.
The divorce was finalized in 2021, so she is eligible for review. You mentioned that 2023 was unique because of a huge sale you made.
Tatum said:
The divorce was finalized in 2021, so she is eligible for review. You mentioned that 2023 was unique because of a huge sale you made.
Exactly, that sale really boosted my income for that year. I hope it counts for something.
It also depends on how long the decree has been in place. In Texas, modifications are generally not permitted in the first two years.
Ainsley said:
It also depends on how long the decree has been in place. In Texas, modifications are generally not permitted in the first two years.
That’s good to know. It’s been over two years since the divorce.
They’re likely going to argue that you have a higher earning potential and aren’t maximizing your income on purpose. You’ll have to argue that the job change was necessary for your well-being.
Beckett said:
They’re likely going to argue that you have a higher earning potential and aren’t maximizing your income on purpose. You’ll have to argue that the job change was necessary for your well-being.
That’s exactly how I feel. I needed to make a change for my mental health.
Can you show an average income over multiple years? If the difference between 2022 and 2024 is greater than 10%, that might help your case.
Nolan said:
Can you show an average income over multiple years? If the difference between 2022 and 2024 is greater than 10%, that might help your case.
I can definitely provide that information. I hope it helps.
It’s frustrating how these things work. You’re doing the right thing by being open about your income.
BrianAaron2 said:
It’s frustrating how these things work. You’re doing the right thing by being open about your income.
Thanks for the support. It’s tough to navigate.
Remember, the judge will ultimately decide based on what’s best for the child. Keep that in mind during the process.
janewilson said:
Remember, the judge will ultimately decide based on what’s best for the child. Keep that in mind during the process.
Absolutely, that’s what matters most to me.
You should definitely consider getting your own attorney if you haven’t already. They can help you navigate this.
Freeman said:
You should definitely consider getting your own attorney if you haven’t already. They can help you navigate this.
I’m looking into it. I want to make sure I’m properly represented.
Stay calm and collected during the hearings. Being prepared will help you feel more confident.
Brennan said:
Stay calm and collected during the hearings. Being prepared will help you feel more confident.
Thank you, I’ll do my best to stay composed.
If you can show that your new job is better for your family life, that could make a difference in the judge’s eyes.