Results 1 to 4 of 4
  1. #1

    Default Not Legally Divorced Yet but Ex Wants to Pay Less for Child Support

    My question involves child support in the State of: Texas

    I was married for 12 yrs to the father of my 2 children ages 11 and 3 and we separated in 2009. Upon separating we agreed he'd provide daycare and health insurance instead of child support. Now I'm doing better financially but still struggle since he pays for their health insurance and for the daycare tuition for one of them ($540 a month) but doesn't give me any actual money aside from that. We are getting close to finally filing for divorce and I want to make sure I am not getting gipped. We both have a significant other and I know he buys the new gf a lot of expensive gifts meanwhile I struggle to buy diapers and provide entertainment for them? He is a HR Generalist so he makes good money (he refuses to tell me how much) and I was told he should pay $25-30% of his total salary in child support. I know he must make AT LEAST 40-50K a year yet I am getting $540 a month in child support and struggling. After much arguing he agreed to pay $700 a month for both and when I asked what his salary is and what 25% is, you'd thought I cursed out his mother. HE accused me of being greedy and now he wont be able to move into a larger place where the kids can have more room to play when they visit, all bc "I want more money". He's threatening to stop paying daycare and dared me to just go file for child support bc he's sick of dealing with me and my uncooperative ways. I really dont want to rock the boat and I hate fighting (which is why I wanted a divorce) but I dont think it's fair for him to spend $$ on jewelry and video game consoles for his gf and her children while I have to spend every cent of my hard earned money on my kids bc he only wants to help so much. I told him the court will decide how much he will pay based on his earnings but he insists we can come to court with an arrangement and if I dont want to participate in said arrangement, he will "fight me for everything". Can someone tell me if the court does accept arrangements or do they set the amount based on earnings alone? I don't make a lot myself, how much should someone making at least $40-45K be paying for 2 kids? Am I being unreasonable? Thank you all in advance.

  2. #2

    Default Re: Not Legally Divorced Yet but Ex Wants to Pay Less for Child Support

    Quote Quoting alwaysgoingfwd77
    View Post
    Now I'm doing better financially but still struggle since he pays for their health insurance and for the daycare tuition for one of them ($540 a month) but doesn't give me any actual money aside from that. We are getting close to finally filing for divorce and I want to make sure I am not getting gipped. We both have a significant other and I know he buys the new gf a lot of expensive gifts meanwhile I struggle to buy diapers and provide entertainment for them?
    Until and unless you actully divorce him and get a CS order, you're not actually entitled to what he's already giving you. You need to formalize through the courts who is responsible for what, and in what amounts.

    He is a HR Generalist so he makes good money (he refuses to tell me how much) and I was told he should pay $25-30% of his total salary in child support. I know he must make AT LEAST 40-50K a year yet I am getting $540 a month in child support and struggling.
    Time to DO something about that.

    After much arguing he agreed to pay $700 a month for both and when I asked what his salary is and what 25% is, you'd thought I cursed out his mother.
    So let the court ask him, on behalf of his children.

    HE accused me of being greedy and now he wont be able to move into a larger place where the kids can have more room to play when they visit, all bc "I want more money". He's threatening to stop paying daycare and dared me to just go file for child support bc he's sick of dealing with me and my uncooperative ways.
    He's exactly right. Although he may not get the outcome he wants.

    I really dont want to rock the boat and I hate fighting (which is why I wanted a divorce) but I dont think it's fair for him to spend $$ on jewelry and video game consoles for his gf and her children while I have to spend every cent of my hard earned money on my kids bc he only wants to help so much.
    Then. Take. Him. To. Court.

    I told him the court will decide how much he will pay based on his earnings but he insists we can come to court with an arrangement and if I dont want to participate in said arrangement, he will "fight me for everything". Can someone tell me if the court does accept arrangements or do they set the amount based on earnings alone?
    Texas uses a standardized calculator. For 2 kids, he can expect to pay about 25% of his net income...which can include more than just salary alone. From that he'll get to deduct his tax liabilities and usually expenses he pays for the children, like health insurance. To deviate significantly from the state's formula would require exceptional circumstances AND the approval of the court. Such formulas are in place exactly to PREVENT the concept of "fighting for everything".


    I don't make a lot myself, how much should someone making at least $40-45K be paying for 2 kids? Am I being unreasonable? Thank you all in advance.
    Ballparking him at a $40,000 salary with a 15% tax bracket would put his support payments at around $700 a month (plus health coverage on the kids).

  3. #3
    Join Date
    May 2007
    Location
    Texas
    Posts
    5

    Default Re: Not Legally Divorced Yet but Ex Wants to Pay Less for Child Support

    Check our free online child support calculators by board certified family law attorney. http://www.childsupportcalculators.net

  4. #4
    Join Date
    Jul 2011
    Posts
    14

    Default Re: Not Legally Divorced Yet but Ex Wants to Pay Less for Child Support

    Always:
    1. You have the right to have court-ordered child support from the date of your separation (you don't have to have a divorce - it's called a SAPCR - Suit Affecting the Parent-Child Relationship, in Texas, when there is not a divorce).
    2. The Office of the Attorney General will process your child support and medical support for free - go to your local OAG office and fill out an application for service. They will calculate the child support and medical support, and will collect the money by deductions from his paycheck (they don't calc day care, though).
    3. You can ask for retro child support from the date of your separation (he should receive credit for his direct payments, and pmt of bills, against the arrears; if he paid more than he would have been ordered, he does not get any money back).
    4. If you do the c/s and m/s (and conservatorship & possession and access, through the OAG, your divorce will be much cheaper (ala atty fees), as these issues were decided and you will consolidate the two cases (the SAPCR and your Divorce filing).
    Good luck.
    By the way, if he earns about 50,000 a year, and has only your two biological children, child support would be about $824 a month (depending on how much the medical insurance he provides costs him; he has to reimburse you, up to 9% of his gross income, for your actual cost of health insurance for the children, or alternatively, he gets a credit for the amount the health ins costs him, monthly).

    1. Sponsored Links
       

Similar Threads

  1. Replies: 1
    Last Post: 10-12-2010, 09:53 PM
  2. Divorce: Am I Legally Divorced
    By D1818 in forum Divorce, Annulment and Separation
    Replies: 5
    Last Post: 07-31-2009, 02:11 PM
  3. Child Support If Not Yet Legally Separated or Divorced
    By rrmmh in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 11-14-2007, 08:33 PM
  4. Child Support When Not Legally Separated Or Divorced
    By shelbyz33 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 10-23-2007, 01:29 PM
  5. Separated but not divorced, with no child support
    By Margie in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 06-24-2005, 08:01 AM
 
 
Sponsored Links

Legal Help, Information and Resources