child support in Texas

[JS1]

Originally Posted by MurphyPl1

No, I was being sarcastic. He's concerned about child support, but not so much that he'll go to court. But he's given no thought to the fact that right now he has no more legal claim to custody than she does. That is even MORE irresponsible than failing to set up child support.

What I'm suggesting is the exact opposite of your post - that he goes to court and gets child support, custody, etc lined out.

Going to court over child support is not going to affect custody. She would have to file a case arguing that she should be awarded custody. The judge in a child support hearing isn't going to do anything about the curent custody arrangement.

[pinkbows]

I went thru the Attorney General's Office and had them write the child support order. It took about an hour and the AG's office files the paperwork with the court.

Have a written child support order and having the employer deduct the child support payments protects both parties. The non-custodial parent has proof the payment is sent and the custodial parent is not wondering when the payment will be received. Going thru the courts really does not add alot of time to getting your child support payment. My daughter's employer sends the child support payment to Austin on Friday. Austin process the child support payment on Monday- Tuesday and by Wednesday the money is on my debit card.

If the non-custodial parent is unemployed as my child's father was at one time, the amount of support was based on minimum wage.

[csofficer]

Child support payments are processed in San Antonio, not Austin.

Child support in TX is based off of NCP's income, at a flat percentage - we don't take CP's income into account. NCP does get a small credit off the percentage if there are other bio or legal children from another relationship.

The AG's office isn't a bad way to go. Unless you are in a hurry.

Wage garnishments are law in Texas. If there's an NCP employer we must send out a garnishment order. Employers MUST comply. Even if they call the NCP "contract labor". They face steep fines for failure to comply.

If you pay direct for say 5 years, then a case gets opened with the AG for any reason, you better have cancelled checks that say child support or a cp that will agree or you may still owe again for that time.

Just a little FYI on some confusion I've seen here and elsewhere.

[csofficer]

Re-reading through the posts and noticed a misinterpretation back in Oct.

While there is a "cap" at $7500, that cap only applies to applying the flat percetage rules to those NCP's. An NCP who makes in excess of $7500 a month with say one child will pay in excess of 20% or $1500 a month.

It will be at the judge's discretion, but if NCP is making $10,000 a month, then $2,500 a month for one child wouldn't be unexpected. Above the cap NCP may likely pay MORE. We simply can't write those orders in the office as we do so many others.

There is no upper limit for child support.

[dmc mom]

My son is 8 months old and I am starting a new job and want to have all the custody information out of the way ahead of time. His father goes to school under the GI bill and owns a clothing store.
We both signed the paternity and have been trying to make do among ourselves thus far. However, as my son gets older, we seem to be disagreeing a lot on the boundaries and rules for custody and visitation. Neither of us are financially in a position to go to court if we can avoid it, but I want to make sure what should be happening or included in the "agreement" we make among ourselves. Any help would be greatly appreciated!
1. he only pays me out a small amount of his check from the govt, not the calculated amount. Without going to an attorney, how do I calculate what he should be paying me, especially if his monthly income varies?
2. does he have to pay for insurance for my son? or is it we each pay half?
3. do i have to give him access to see my son everytime i leave? for example, if i go to the movies, does he have to be notified so he can have the option to watch him before i find a sitter?
4. he sees my son everyday right now, so im curious what the texas state norm is for non-custodial parents to see their children at this age. He's obviously not in school, so I wasn't sure.

Thanks for your help. This is the beginning of what could be a horrible/expensive battle and I am really tryiong to keep that from happening to my son.

DMC mom

[Grainraiser]

I don't believe a attorney is required for child support. In a case like yours they will simply calculate his monthly income and you will be rewarded with 20% of that amount. In the vast majority of cases he will be required to provide medical insurance for the child. The court tyipically sets a schedule for his legal visitation but if your more liberal with the set schedule its no big deal. The legal schedule only comes into play if you both decide to play hardball with who sees the child when. Hopefully things never ever come to this.

[dmc mom]

How do you calculate net income if he owns a business and it varies and there is no set amount on the books?

[sskkc]

Originally Posted by dmc mom

How do you calculate net income if he owns a business and it varies and there is no set amount on the books?

Usually, they will seek his tax forms from prior years - gross vs net income annually, then divided by 12 months or 24 (twice monthly)

It's best to get a court order early on- this protects both parties from silly lawsuits, one side claiming they never got anything, the other claiming they give the CP all their income and can't afford food for themselves.

People need to focus on their children's needs - and realize that it doesn't matter if your ex marries a rich man, or a rich woman, or whatever - they should provide the child with enough income to support the child to the BEST of their abilities. I will never understand people's greed - especially when they're faced with providing for the children they created.

[TX75007]

Walk away. Its not worth it. Enjoy your sing dad/custody status.