Ask a Lawyer: Reducing Child Support

Question:

I am currently discharged from the United States Navy after 10 years of service and I am unemployed. I was married a few years back in the state of Texas. Since then I have divorced and we have a child together. She has custody. I was not able at the time of the divorce hearing to attend due to my mission. I am paying $700 a month for one child, the state of Texas requires 20% for 1 child for support. Is there any paperwork I can fill out to get this reduced being that I am unemployed and $700 is very high in general?

Answer:

If your divorce was in Texas, then you must modify support in Texas. I am not licensed in Texas so you should also consult an attorney who is. In order to modify support you must be able to show a substantial change in circumstance. In your case this would be your current unemployment. You must file a petition or request with the court to modify support. I would also investigate how she obtained a court order of support while you were deployed in the military. Most states have laws that protect active duty military from legal action while deployed. Again consult an attorney in Texas to determine exactly what your options are.