Legal Question in Family Law in Texas

Calculated child support amount

I was divorced in June 07 after 17 years of marriage. The ex-husband remarried in Jan o8. We have 2 children together and he is not paying CS, he was supposed to make the house payments until the house sold but has stopped. I let him have everything he wanted in the decree - needed to get me and my children to safety and stability, but I am much stronger now and need help in providing for my children.

I know Texas states 25% of disposable net income is the amount to be paid for 2 children. I am starting the paperwork with the AG's office to start CS, review the amount of CS to be received and negate that part of the decree so I can make the house payments and my children won't worry about being homeless but I need some information.

Is the CS amount calculated from the monthly disposable net income only? What if non-custodial parent receives an annual substantial bonus? Will that also count towards the net income? Can the amount calculated be from the yearly W-2?

And is the medical premium deduction supposed to include medical for him and him plus his new family?

Thanks


Asked on 4/04/08, 1:13 pm

1 Answer from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Calculated child support amount

The AG is not going to do anything about the house payments. That is not within their domain, but there is nothing keeping you from making the payments to prevent foreclosure. Depending on the terms of the decree you may or may not be able to recoup the payments you make at the time of the sale. You really need to have a family law attorney review the decree and explain your options.

His support obligation can be based on his total income although he may argue that the bonuses are not predictable. The AG should have access to his income records.

The only insurance payments he gets credit for are the ones that apply to the children the child support is being calculated for. Be aware, if he has had a new baby or adopted a child his obligation to support that child makes a small difference in his percentage obligation to your children.

Going to the AG for an enforcement of unpaid support or to have the child support amount changed can be an economical way to handle things if you have the time to wait for them to get to your case, but be aware, the AG does not represent you. The AG represents the State of Texas. It is still a good idea to have your own attorney.

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Answered on 4/04/08, 5:09 pm


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