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A friend of mine who still has a windshield business lost most of financial resources through his wife who took all his money out of their joint account, took his daughter and then filed for divorce. Under the circumstances, he could not retrieve the money that he used for his business. During the divorce, he agreed to pay her 1,200 a month for spousal and child support. She is now suing him for 2,400 a month that is even more then he is able to make. He missed two payments because he did not make enough. The courts are threatening to send him to jail. If he does go to jail, how long would he be in for. In two years his daughter will be 18, if he fled the country would he still be liable to pay the money he owes? Is there a law that prevents someone from paying more then he can afford? I would be most pleased if someone can answer these questions. My friend is very desperate for some quick answers.

2007-12-16 09:03:29 · 3 answers · asked by Anonymous in Politics & Government Law & Ethics

3 answers

There are a number of problems with your fact pattern. First, there is no such thing as "spousal support" in Texas. There is something called "spousal maintenance" but it is very limited.

Second, in Texas, child support is generally calculated based on a percentage of his income. It can never be more than what he makes. If his income has changed since the original child support order was determined, then he needs to contact his attorney to have his child support modified.

As practical advice, I am not sure why you are coming to Yahoo Answers for a stranger's advice. Your friend's predicament seems very serious, and he needs focused advice that no stranger can provide based on hearsay from you. Your friend needs to find an attorney ASAP to address his concerns. If he is unhappy with his current counsel, then he needs to find new representation.

2007-12-16 11:25:27 · answer #1 · answered by ron_mexico 7 · 0 0

for 3 little ones new child help would be 30% of your adjusted earnings (after taxes and any coverage rates you pay on your little ones's coverage). Texas has 2 categories of spousal help. the 1st is momentary help. TSS is in lots of situations ordered while there's a considerable distinction between the spouses' earning and ends as quickly by fact the divorce is very final. "everlasting" SS is purely order while the marriage lasted longer than 10 years and there's a considerable distinction between the spouses' earning. PSS is frequently "short-term". It infrequently ordered for better than 18 months - 2 years, which provides the decrease earnings considerable different the prospect receive the talents and information had to safely develop into self-sufficient. the quantity is as much as the choose. there's no set formula for calculating SS, besides the undeniable fact that it can not exceed 25% of the better earning considerable different's adjusted earnings. of course there are exceptions to each rule and Texas help rules are no diverse. there are a number of aspects that could bring about help being calculated and ordered outdoors of the common regulations.

2016-11-27 22:00:25 · answer #2 · answered by crompton 4 · 0 0

You can sue for anything, but that does not mean you will win. Courts usually will look at the finances when changing support agreements. She could be "shooting herself in the foot" if his fiances are significantly lower than when they divorced.

2007-12-16 09:11:56 · answer #3 · answered by sensible_man 7 · 0 0

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