A.L. asks from Allen, TX on August 13, 2007
Does Anyone Know the Child Support Laws?
I need to find out how much he should pay. This is his 3rd child (our first). Do you know what the percentage is? He is trying to go off of what he pays his ex for their 2 kids. Well he makes more money now so that wont work. I want what I am entitled to.
So What Happened?™
Thank you guys for your quick responses. Erika im sorry you did not like my wording. It is my daughters money, but it is given in care of me for her. Is that worded better? Also, how did you figure out the 16%? I came up with a different number. Thanks!
More Answers
E.T. answers from Dallas on August 13, 2007
*** April is quoting the wrong law... Her law applies if ALL THE children he is supporting are yours. Since that's not the case (kids in different households), read below. ***
First piece of advice, don't say, "I want what I'm entitled to." It's not money for YOU, it's money for your CHILD. Your child is entitled, not you...
Anyway, here is the link to the child support code:
http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/...
If he is supporting 2 other children, then he'll owe you 16% of his monthly NET INCOME. Make sure you carefully understand what NET income means according to Child Support guidelines...
http://tlo2.tlc.state.tx.us/statutes/docs/FA/content/htm/...
Also, be aware that:
TX doesn't include day care expenses in the Child Support calculation (unlike some states).
TX also doesn't take into consideration how much visitation the father exercises or gets. So he could see the child for every court ordered visit or none of them, the child support payment is the same (unlike some states).
TX doesn't take into consideration YOUR income either. This can either be good or bad...
Good luck!
2 moms found this helpful
A.D. answers from Dallas on August 13, 2007
Direct from the Texas Family Code:
§ 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES OF
$6,000 OR LESS. (a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor's monthly net resources are $6,000 or less.
(b) If the obligor's monthly net resources are $6,000 or less, the court shall presumptively apply the following schedule in rendering the child support order:
CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child 20% of Obligor's Net Resources
2 children 25% of Obligor's Net Resources
3 children 30% of Obligor's Net Resources
4 children 35% of Obligor's Net Resources
5 children 40% of Obligor's Net Resources
6+ children Not less than the amount for 5 children
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. A. 20, 1995.
§ 154.126. APPLICATION OF GUIDELINES TO NET RESOURCES OF
MORE THAN $6,000 MONTHLY.
(a) If the obligor's net resources exceed $6,000 per month, the court shall presumptively apply the percentage guidelines to the first $6,000 of the obligor's net resources. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as appropriate, depending on the income of the
parties and the proven needs of the child.
(b) The proper calculation of a child support order that
exceeds the presumptive amount established for the first $6,000 of the obligor's net resources requires that the entire amount of the presumptive award be subtracted from the proven total needs of the child. After the presumptive award is subtracted, the court shall allocate between the parties the responsibility to meet the additional needs of the child according to the circumstances of the parties. However, in no event may the obligor be required to pay more child support than the greater of the presumptive amount or the amount equal to 100 percent of the proven needs of the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. A. 20, 1995.
1 mom found this helpful
C.R. answers from Dallas on August 14, 2007
Hi A.,
I'm not sure what precentage your ex should be paying. But if you go to the General Attorney's website it will tell you everything you need.
Good luck!
C. Roeschen
The Trinity Group
Keller Williams
###-###-####
www.TheTrinityGroup.org
www.ValueMyNeighborhoodOnLine.com
____@____.com
D.S. answers from Dallas on August 14, 2007
A.,
I dont want to discourage you, but unless you have a LOT of money you really want to throw away, please dont stress yourself out with this, its not worth it. I have an 8 yr old and he has a half brother who is 10 and me and the other woman have spent a fortune and 10 years trying to get him to pay. We both get scraps every once in a while, but nothing to speak of. Texas has thousands upon thousands of cases just your yours and mine, and there is really no way they can enforce it unless he scares really easily. My ex only pays when he wants to and that isnt much at all, if I'm lucky, my son gets maybe 3 or 4 checks a year, and I'm not sure how much the other child gets either. He owes them both way over $20,000 a piece, and they have him paying arrears, but again, we dont see it too often. But anyway, maybe your ex wont be like that and will want to do the right thing. Good Luck with all of it.
If you have any more questions, give me a shout, I've done a lot of reading on the internet about child support and all that. Debbie
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