Legal Question in Family Law in Texas

in texas, is a person's per diem, overtime, or bonus counted with there income to figure child support and what about child care{ daycare} who pays what?

Asked on 10/15/10, 6:14 pm

1 Answer from Attorneys

Dan Kirby Law Office of Dan Kirby
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Per diem is really for living expenses while traveling at work, so that should not be counted. However, courts generally will average overtime and bonuses over the previous 2 years prior to divorce and use that in child support calculations.

Day care is generally not ordered to be paid by either parent. The parent receiving child support will usually be responsible for day care. However, many parents agree to split it. But generally it is not something that is ordered by a court.

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Answered on 10/21/10, 2:01 am

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