i talked to a lawyer today about a divorce. i want to make sure that this is what i'm really hearing..........we have 2 babies under 3 and my husband is military. the lawyer told me that i would get inbetween $300 and $400 a month in child support. that is not enough on his behalf to help me support our babies!!! is there anyone that knows how to calculate child support for military stationed in texas? i would GREATLY appreciate it!
2006-11-15 08:47:56 · 3 answers · asked by portuguese_tease 2 in Politics & Government ➔ Law & Ethics
How is Child Support determined?
The vast majority of child support is paid according to the Child Support Guidelines. According to the Texas Family Code, child support is calculated by multiplying the proper percentage by the paying parent's net income.
Net income is calculated by subtracting only 5 items from the parent's gross income (gross income includes commissions, overtime pay, tips, bonuses, interest, dividends, rental income, royalty income, trust income, retirement income, disability income, etc.):
1. social security taxes,
2. federal income tax (based on the tax rate for a single person claiming one exemption),
3. state income tax (for individuals who reside in states that collect state income tax),
4. union dues, and
5. health insurance premiums for the child(ren).
The proper applicable percentage is calculated by determining how many children the paying parent has an obligation to support. For example, a parent who only has an obligation to support one child will pay 20% of net earnings. A father who has an obligation to support two children with the same mother will pay 25% of net earnings. However, a father who has an obligation to support two children with different mothers will pay 17.5% of net earnings to each child.
There is a cap on child support of $6000 of net earnings. In other words, if the paying parent earns more than $6000 per month (net), the percentage applied will only apply to the first $6000. The only exception to this is if the court finds that the child or children have additional or exceptional "needs" that require additional support.
If a child is disabled and has extraordinary needs, the court may and often will deviate from the guidelines to ensure that the child gets the additional services s/he needs.
2006-11-15 08:50:00 · answer #1 · answered by Heather 2 · 1⤊ 0⤋
I know a guy paying that (military) for 1 Child..
It does (IIRC) depend on his rank...
Are you sure the Lawyer didn't mean that PPER child?
-HtJ
2006-11-15 16:51:02 · answer #2 · answered by hesterthehester 5 · 1⤊ 0⤋
if that's what the lawyer told you why 2nd guess him, it is what it is, if you don't like it find another lawyer!!!!!!!!!!!!
2006-11-15 16:50:22 · answer #3 · answered by Big R 6 · 1⤊ 1⤋