Child Support in Texas?

Question

I have been married for almost 11 years and my husband recently told me he does not want to be with me anymore, that he feels there is no connection anymore. We have 3 daughters together ages 11,9 and 6. He has just tested for a new position at work in which he would be making more an hour and what i want to know is if he is offered unlimited overtime at work(which he would be making double if not triple his base pay just with overtime) am i entitled to any of the overtime money or does the court base the child support solely off his 40 hour per week pay? Please only serious responces!

Answer 1

every state is different (slightly) about child support guidelines.

here is the CS calculator; just click on your state and fill it in. it will give you a general idea as to what will be paid. brace yourself, they get really (REALLY) mad when they realize they have to pay support... and the games will begin.

http://www.divorcelawinfo.com/calculators.htm

also, if you need legal help and cant afford an attorney, contact your local Legal Aid Office. they are in every state and most counties. they go on a sliding scale so its free to most. look in your phone book, call your county court clerks office or your states Bar Assoc for the number.

one more thing, in your divorce, make sure you state the following (because its not automatic).
1) he has to provide or pay for health care coverage
2) he has to carry a life insurance policy with the children to recieve it in the event he passes( and provide proof to you semi annually its active)
3) college expenses; its not automatic that he help pay for college for the kids, so put it in there that he has to pay a percentage of all college expenses.
4) taxs; he will try every year to claim the children (they think they pay for more then 50% of their living expenses with their 'child support'). so, have an agreement put in there that you switch years, take turns or whatever.
5) no discussing adult issues (child support, court dates, court events, etc) with the children.
6) no saying disparaging remarks to the children nor while in there care about the other parent (he'll do it, you'll see).

also, get set visitation. open visitation is when they can come and go as they please to see/pick up the kids. set is when they have set days and times. no arguements, no disputes (well ok, less) if its set.

here are some other links to help. just click on your state and find the section you need. the last few are to help you.
mom of 4


http://www.divorcelawinfo.com/states.htm
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcecentral.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://family.findlaw.com/
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/articles/news.html
http://www.ncsea.org/
http://www.nfja.org/index.shtml
http://family.findlaw.com/child-support/support-basics/
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html

http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.supportcollectors.com/faq.php

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp

http://www.petitionspot.com/petitions/collectchildsupport

http://www.aclu.org/womensrights/violence/23929res20060125.html
http://www.womenslaw.org/
http://www.nwlc.org/
http://www.womenslawproject.org/
http://www.nwwlc.org/
http://www.women-law.org/
http://www.hg.org/women.html
http://www.law.com/jsp/nj/specials.jsp?p=contact
http://law-library.rutgers.edu/ilg/njlaw.php
http://www.aclu.org/womensrights/index.html
http://www.hud.gov/offices/pih/programs/hcv/about/fact_sheet.cfm
http://www.hud.gov/offices/pih/programs/hcv/forms/index.cfm
http://www.hud.gov/offices/pih/pha/contacts/
http://www.singlemoms.org/info/main.htm
http://www.singlemotherresources.com/
http://www.angelfire.com/nj4/njcomputerchick
http://www.parentswithoutpartners.org/chapterfind.asp
http://www.mowaa.org/
http://modestneeds.org/
http://freecycle.org/

Answer 2

Child support for three children in Texas will be 30% of what he takes home after FICA, SS, and the cost of insuring the children. It will be based on his hourly wage for 40 hours a week only. Over time will not be factored into the equation as it is not a constant. Also, the cost of CS and insuring the children cannot exceed 50% of his pay after the above deductions. If it does, he will insure the children, and the CS will be lowered to keep the total of the two below the 50% mark.

In TX, the father is required to insure the children. Or, if it is cheaper for the mother to do it, the father must reimburse her the cost. The child support will be laid out until the children graduate from HS at 18. So, in your case, you would have an amount, in 7 years, when your oldest turns gets done with school, it would drop to 25% for the two remaining children. Then two years later it would drop to 20% for the youngest child. After the last one graduates, the CS will be discontinued. Some may tell you that you can still get it if the children go to college, but that is not the case. No parent is required to send their child to college, therefore he is not required to still support the child if he does not want to .

Also, every three years the you will have a child support hearing. This is done to adjust the CS to reflect any raises that he may get over time.

Answer 3

they cannot base it on overtime. The only way then can is if there has been a history of the same take home pay for more then one year.

But if they base the amount of support on what he makes. After the support order is written if he loses his overtime, the most they can take from him is 50% of his net pay.

I was ordered to pay $500 a month for one child. Then the state of Texas raised that to 750, Well then I got a low paying job and they only get 50% of my take home pay. that is law

My advise to you is do not try to get all of his money you will only lose in the end. take what he can afford don't force him to give what he cant, You kids will see how you treat him. If you treat him wrong your kids will hate you for that.

Answer 4

As far as I know, overtime is never guaranteed income. The court should only base support on his salary.