How soon can I go back to court to ask for child support after the divorce is final?

Question

My divorce was finalized in February. I didn't ask for child support because of guilt in addition to the fact that he gets the kids for 4 hours on Tues and Thurs and then every other weekend so it SEEMED like the time was split equally. It's not and anyone who has kids knows that the more time they're with you, the more money you spend.

My ex splits doc copays, prescriptions and any extra-curricular activities the kids might be involved in, but even at that I have to ask him repeatedly to pay up.

As a result, I just want to go to court, ask for a flat amount of child support per month and be done with it. There are two problems with this: Foremost, even though the kids live with me and we have joint conservertership, in Texas you have to name a primary guardian. My ex is the primary guardian. Secondly, I've heard that in Texas you have to wait 3 years to go back to court to change the custodial agreement, etc. Is there any truth to this!

Help!

As far as the "primary" custody thing - it's just a legal term stating that he has the final say on where the kids live. It's the "only thing" he asked for in the divorce and like I said, I felt guilty for what I was doing and just wanted it over with.

As long as I knew the kids would live with me, I didn't care what happened. Wrong attitude but hindsights always 20/20.

It's not about adding money for me to be flagrant and go on shopping sprees for myself. It's about having more than $200 left over at the end of the month after just LIVING expenses. Kids want to do things (go to the movies, etc) and I can't afford it. I knew it would be hard and I wanted it, but he's able to live his life without the same financial burdens I have, and since the children are both of ours, that burden should be shared more equally.

Answer 1

Call your local child support center and ask them. Where I live you can do it in court which is normally done, or through the State Child Support Office.

Answer 2

no offense but it sounds like you just want more money i mean he is doing things like the copay etc., but you wanted the kids to live with you correct? so guess what that is a responsible that goes with the kids living with you.
Here is an idea try being a woman about it and suck it up and drive on or let the kids live with the father if you cant do it
not trying to be an @sshole but i get so tired of women wanting more that what they got. Look divorce is something that you clearly wanted or as a woman you would have done something to prevent it. Divorced with kids is ten times harder that being married with kids did you think it would have been easier?

Answer 3

Call the local child Support Enforcement Agency. You only have to wait 3 years for a review on child support and divorce, custody, and child support are not combined, they are 3 separate issues. If you have not filed for child support and already have a child support agreement, then you should be able to file child support against him. good luck with the kids and if you do get an order stay on the agency and make them make him pay in a reasonable time.

Answer 4

You can go back to court and ask for an amendment any time you realize that the circumstances have changed. It doesn't matter that he's named as the primary guardian. The kids spend more time with you, so it's not an issue.

Answer 5

If I understand this correctly and your ex is the primary guardian, then why is it that you have the children? Personally I dont think that you have a leg to stand on. You should have asked for it durring the divorce proceedings. Best of luck.

Answer 6

The Tx. attorney general will not make changes in child support until it has been 3 yrs if you are going through them; but if you are hiring an attorney & going to court, you have to wait 1 yr.