Which State Calculates Amount of Child Support

My question involves child support in the State of: Texas. I have an open case in Oklahoma for child support. I moved to texas years ago, the child resides with me 365, the father who still resides in oklahoma made a verbal agreement to pay by texas 20%. I finally pushed the issue to have an official review done, texas supposedly has jurisdiction of the child support if i transferred it to texas ag, but since he lives and works in oklahoma, does it go by OK guidelines?

Also, I'm wanting to file a motion pro se that he should be ordered to pay 1/2 legal fee's so my child can also have a private atty like he does, can i expect the judge to respond to my motion prior to the next oct. court date, with all parties being served and noted on the certificate of service.

I have contacted one atty in texas, whom i trust and respect his opinion very much, but I am still confused as to which state figures the amount.

The father did NOT in fact pay as he agreed, shorting the support a couple hunderd every month, I have been advised that the father is under no obligation to pay back support that he cheated his son out of. He claimed to us to only make around a $1600. a month, when he fact he was making over $3,000. that add's up to a lot of child supportthe kid was supposed to receive.:wallbang:

He was legally obliged to pay ONLY what Oklahoma ordered him to pay.

That really is the long and short of it.

good to know that a verbal agreement/contract is no good. thanks. now i just have to figure out which state shoul handle the case and calculates the amount. We've been on food stamps in texa while he pretty much took money from his son, great,... that's what i get for trusting.

How is he taking what he hasn't been legally obliged to give? Sorry, I guess I just don't get that.

If you want/ed something enforceable, it's up to you to pursue it. OK will likely retain jurisdiction for the purposes of child support.

we thought texas had jurisdiction, we discussed the need to have it officially reviewed, he did not want to do that, so he offered to calculate how much it would be, he was already sending an additional amount outside the order of the court due to a previous verbal agreement several years before we moved to texas, when i wanted it officially reviewed, but he didn't, so he increased that amount he sent via personal check by $70.00 to supposedly comply with what we again agreed to do. I didn't make him prove how much he made, i trusted his word. Come to find out he was making a lot more, but did not pay 20% of his total income, he decided to calculate it by half his income hence taking money he knew should've been paid to child support; he chooses not to be involved much in his kids life, perhaps because his son 11 has never met his wife of 12+ years-GO FIGURE

I 'm not sure if he is legally obligated, he was morally obligated to be honest, to me and to his son. He was given the opportunity to be truthful, and honest. He agreed to increase the amount, and he did pay more, he just didn't include all of his income. Therefore, he cheated his kid out of child support, lied to me about how much he was making all these years since w agreed in 06. Every year, he could have increased the amount to actually be the true amount he should have been paying. So now my son lost out of child support because i trusted his father and took his word,..... what a great dad.

You have an open case in Oklahoma - therefore Oklahoma retains jurisdiction in terms of child support, although Texas can absolutely enforce the OK order.

thank you, i do appreciate your input. that's why i'm asking, I need more opinions still. part of the reason i'm posting is because that is,... opposite of what another atty told me, why i was confused. both states seem to have jurisdiction, I can open a case in texas and they should work with oklahoma as far as wage garnishment, if i open a texas case, does he pay by texas guidelines, amount? Texas and Oklahoma calculate it different.

Dogmatique
what is your suggestion on filing any motion pro se, and if a motion/order is presented to the state's atty, judge and opposing counsel in accordance with certificate of service, does the judge have to respond to the motion/order- and what kind of time frame should be expected.? Ido appreciate your time, but i also get defensive,... thank you though for responding,...

No. It will, unless dad agrees, always go by Oklahoma calculations while Dad is still living there. Now if he moves, the answer might change.

In terms of enforcement, these things can take months unfortunately.

thank you,.... your time is truly appreciated.

It sounds like there is currently no child support order in place. If the father is a resident of OK then Texas will ask OK to establish an order. It will be filed in an OK court under OK guidelines.

If you and the child are residents of Texas, then Texas has jurisdiction over child support orders. (residents must be living in Texas for over 6 months.)

If you are going to request state services, then you will need to open a case with the Texas Attorney General. They will work with OK to establish an order throught UIFSA. Custody is not part of this action. It will take some time for this process to work, but in the end this may be the best way to go. If the other party defaults then Texas will ask OK to enforce the order and they have many more legal ways to do this than through a private attorney.

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Quoting distressedmom

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It sounds like there is currently no child support order in place. If the father is a resident of OK then Texas will ask OK to establish an order. It will be filed in an OK court under OK guidelines.

If you and the child are residents of Texas, then Texas has jurisdiction over child support orders. (residents must be living in Texas for over 6 months.)

If you are going to request state services, then you will need to open a case with the Texas Attorney General. They will work with OK to establish an order throught UIFSA. Custody is not part of this action. It will take some time for this process to work, but in the end this may be the best way to go. If the other party defaults then Texas will ask OK to enforce the order and they have many more legal ways to do this than through a private attorney.

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Dude..there's an open case in Oklahoma for child support...

Per first post.

Under the "Uniformed Insterate Family Support Act", it appears that OK would have jurisdiction on the child support case. You can, if you havent already, open a case in Texas and they will take appropriate action which would include referring your case to OK to obtain and enforce a chld support order. So its as simple as opening a case and let the state agency work through all the hoops.