Child support and visitation question?

Question

I live in Texas and I am divorcing my husband of almost 10 years. We have 2 children. Standard 25% of net income child support should be one amount. However, isn't this based also on the non-custodial parent doing every other weekend and one night a week? What if the non-custodial parent has much less time with his children? Is that grounds to ask for more support?

WOW, didn't realize my question would instigate such an attack. A few things:
1) To the person who commented that 25% is plenty... I spend more than that on their childcare ALONE. Not to mention activities, school clothes and supplies, food, etc.
2) To the person that assumes that I want to go hog-wild and need the additional money for a babysitter... I'm an adult. My party days are gone. And if they weren't, I have family all around that would watch my children for me. I am one of the few that would prefer that my children's father acutally have a relationship with them.

It was just a question. And I very much appreciate the sincere answers that didn't have the connotation of disdain.

Answer 1

Nope, it doesn't matter how much time he spends with the kids. It goes just by the income alone. If he gets them every other weekend or he doesn't pick them up at all, it doesn't matter.

Answer 2

I'm guessing that the father doesn't have the time to spend every other weekend and one night a week with the kids.

And I'm guessing that you want more child support because if the father doesn't take them and you make plans for those days or that weekend then you want more money to help pay for a sitter.

If, that's the case then it's not one to take back into court for more money. Learn like many of us did, trade off baby-sitting with a friend/couple and that saves money or maybe family can help.

In divorce, it's not always guaranteed that the other parent will always be there to pick up your child or children. You need to find ways to work around it even if it's at the last minute.

Think of all the time he's missing with his children yet, never bad mouth their father--they have enough to deal with. The other thing is, you may need to put your life on hold for a little while. Just because you're divorced doesn't mean you can be party hearty--you have the children. It's hard but that's how it works.

Answer 3

Your question regards that since you have more time with the children that that is what the amount of CS should be based on, not just income alone, which DOES change. Loss of employment, raises, and so on. The CS guidelines the income of both parents, not the amount of time that is spent with the children, which of course is very valuable in itself and no one as of yet can put a price on that. What the courts try to accomplish is a basic, fair guideline for you and the father to comply with. It is just basically something on paper to reference to, but of course not to use vindictively, and unfortunately it has been used as such. The court is basically the mediator between you and the father for the well fare of the children. Just because it is stated on paper doesn't mean it is going to be followed, and this can be good and bad. The father may get into a position later in life where he will be able to spend more time with the children. It would not be feasible to have to hassle with the court to change the document over one extra day, but rather, be a starting point, and hopefully you and the father can work these types of situations out as they arise with positive results. I wish you good luck, these things are never easy for anyone involved.

Answer 4

No its standard 25% considering he has no children older then your 2 that he pays for. My ex husband does not see our daughter and hasnt seen her in 13 yrs. Our decree states one weekend a month in my home supervised from 10am til 2pm. He's never done this the courts dont care. Visitation and child support are totally opposite the amount of time he see's your children has nothing to do with how much he'll have to pay. My current husband has a now 7yr old with his on again off again gf he see's her every other weekend and every extended holiday and so forth and his is based soley on income and we pay 1500 a month.

Also know in the state of Texas you are legally allowed once every 3 years after the orginal decree for a child support review to see if he is making more and can pay more. Ive never done this to much hassle

Answer 5

Child support is based on a formula calculated by using mom's income, dad's income, who pays for health insurance, and the amount of time spent with non-custodial parent. The less time spent with the non-custodial parent, the higher the child support will be.

Your divorce attorney has the child support guidelines and should be able to calculate it accurately with the above requested information.

Answer 6

Child support and visitation are two different things. It's not a form of payment for the custodial parent as you seem to think it is. It is to cover approximately 1/2 the costs of raising the child...the rent/mortgage, heat, air conditioning, water, sewer, garbage, internet, cable television, telephone, groceries, getting child too and from doctor visits, after school activities. It is not to pay YOU to raise the children. If you wanted to get paid to raise children you should have taken a job as a nanny rather than become a mother.

Answer 7

who started this rumor that if the non-custodial parent doesn't take advantage of visitation that he/she will have to pay more? that's crap. the NCP has the right to visitation as set forth in the custody order. whether or not the NCP chooses to see the child does not matter. the only thing that matters is how much he/she makes. visitation and child support are two separate issues, and are further apart than you have been led to believe. the only time these go hand in hand is when both parties share custody. on party has primary custody, even if it is joint. normally, in this case, child support is set, and the NCP can visit with the child anytime he/she chooses, even for a couple of hours each day. you need to contact a lawyer and have him answer all of your questions, because you are off the mark in your understanding of the laws.

Answer 8

It depends on the state. In my state is is based on the ratio of the two incomes, and the amount of annual time for each parent. It is a complicated (but fair) formula and chart. Unfortunately what it means is mothers fighting for more time with their kids just to get more money, at the expense of the kids' time with their father, who also has every right to time (even EQUAL time) with his children.

That's why lawyers are needed in divorces, so both the time and the money are fair -- for the children!

Answer 9

Not usually. My ex never saw the kids and still had to pay the standard. usually the only time the amount is adjusted is if you have joint custody and there is a 50-50 visitation. The only way to ask for more is if you believe he is making more. You can always go in and modify an order when one is made.

Answer 10

Child Support is base on his income, even if he doesn't spend a day of his life with the children what ever they gave him to pay towards his children support is all your going to get unless he start a job that pays more money then your in business till then you get what they give you and consider your self lucky some women get crap their ex's leave out the State out of the country to avoid child support..