Back Child Support

[tflemon]

I'm in the process of filing for divorce from my husband of 15 years. My husband was incarcerated from March of 2005 until March of 2007. Got out of jail and continued an affair he was having before he went to jail. Made me a first class sap for sticking by him for the two years.

Well I finally have grown a brain and now wanting to move on. My question is, am I entitled to any type of child support for the two years he was in jail?

Very new to this and any help would be greatly appreaciated.

I'm in Texas

[Dad2]

Nope .

[tflemon]

Thanks for that. What about child support now? He has left the home and of course left no money and every single utility bill out of wack. He makes a decent income $45K per year from a company. I make more than him will that effect how much support I receive from him?

We have no assets, the home was foreclosed on in 2004 and not much property to divide. He has said I can keep all the broken-up furniture (lucky me!!).

We're in Texas.

Thanks

[aaron]

As is explained here,

Texas has established a formula to calculate what amount a non-custodial parent should pay for child support. If your net monthly income is less than $6000, Texas law has established the following guidelines for child support payments. The amount withheld is based on your net income each month.

• 20 percent for one child
• 25 percent for two children
• 30 percent for three children
• 35 percent for four children
• 40 percent for five children
• Not less than 40 percent for six children

Special rules apply in cases of split or joint placement or multiple children in different households.

If a court believes that you are not making as much money as you should, the child support amount may be based on your earning potential. This is income that you could potentially earn.