Legal Question in Family Law in Texas

Can you get child support + half of daycare?????

I am getting a divorce. I will have a 3 year old and a one year old. I am wondering if I can get half of daycare PLUS the normal child support amount. I am suppose to get 600 a month for child support. I don't think that is enough though with the child care expensives I will have to pay. It will cost about 600-800 a month for them. I have always been a stay at home Mom so when I do get a job it will not pay that much. Plus since my husband is in th Army he will be stationed a few states away from me so he will hardly ever see the kids. Does anyone know if I have a chance in court of getting him to help with the child care? Thanks for sharing.

Jaime


Asked on 10/11/02, 3:39 pm

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: Can you get child support + half of daycare?????

It is possible. Although the law gives standard guidelines for support based upon earnings, it also gives several additional factors for the court to consider in ordering an amount other than the guideline amount. Some of these include the ability of the parents to suport the child, the financial resources available for support, the amount of time of possession of the child, and child care expenses incurred by either party in order to maintain gainful employment. (There are a total of 17 factors listed in the Family Code, ending in "any other reason consistent with the best interest of the child").

Your attorney can best develop a strategy and argue these points for you. Some judges, however, will only use the standard guidelines except in extreme cases. I have seen judges split child care expenses several times. Please be aware that several of the additional factors would possibly help your husband to REDUCE child support, so this can be a tricky thing to get started. Your attorney should be able to advise you on that, to.

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Answered on 10/14/02, 9:09 am
Larry Lee Larry Mason Lee

Re: Can you get child support + half of daycare?????

I know you don't want to hear this, but child support will have to include your costs of child care. Your husband's visitation, unless there are special circumstances (violence, or other unsuitability for visitation), will get standard visitation rights for a parent over 100 miles away from the place of the children's residence.

It is normal that both parties to a divorce will feel as though they have lost. In many senses they each have. I wish you good luck.

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Answered on 10/11/02, 6:21 pm


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