Ask Me Help Desk - How is child support $ determined?

My husband and I live in Texas and are curious how is the amount of child support determined?

Per my previous post we are assuming that an all out war is about to commence with his ex if we pursue collection for her violation of the divorce decree and we are having to pay for her debts. We are taking custody of his children and we are trying to determine if it is worth going after her for the money or just let it go to avoid any hassles in the future if she gets custody of the girls back for some reason.

When they divorced they lived in a small town and subsequently earned small town wages. My husband has since taken a job working offshore to make more money; however, his ex never petitioned for more money... we just gave it to her because her and her husband were always broke because they are not very responsible with their money. Sorry sidebar there...

Combined we do very well and she could do VERY well if she were to keep the children and take him back to court... or so we think... and why I am posting this question. We are not sure how the amount is determined. Is it determined on both of our incomes? If it is just his income is it based on a 40hr work week? As I said earlier he works offshore and his deal is he is paid ~$15/hr but when he is offshore he gets paid for 23 hr a day... on a good/busy year we can clear a good sum of money, but it is not consistent.

From what I know from my very past experience in Wisconsin is this... Depending on how many children there are; 17% of his gross wages for one child, 25% of his gross wages for two children, 37% for three or more...

How is that done? One month he could make ~$2400 and the very next $7300. It all depends on the activity offshore.

Would they take past years and average out the gross?

Thanks for the response!

Quote:

Originally Posted by nkstein

My husband and I live in Texas and are curious how is the amount of child support determined?

Per my previous post we are assuming that an all out war is about to commence with his ex if we pursue collection for her violation of the divorce decree and we are having to pay for her debts. We are taking custody of his children and we are trying to determine if it is worth going after her for the money or just let it go to avoid any hassles in the future if she gets custody of the girls back for some reason.

When they divorced they lived in a small town and subsequently earned small town wages. My husband has since taken a job working offshore to make more money; however, his ex never petitioned for more money....we just gave it to her because her and her husband were always broke because they are not very responsible with their money. Sorry sidebar there...

Combined we do very well and she could do VERY well if she were to keep the children and take him back to court...or so we think....and why I am posting this question. We are not sure how the amount is determined. Is it determined on both of our incomes? If it is just his income is it based on a 40hr work week? As I said earlier he works offshore and his deal is he is paid ~$15/hr but when he is offshore he gets paid for 23 hr a day....on a good/busy year we can clear a good sum of money, but it is not consistent.

In Texas it is 20 percent for one child and 25 percents for 2 children. However, Texas is one of the few states has has a "cap" so no matter how much is made the most per month is 1500.00 per month for 2 children. (My ex makes 430k a year and owns his own company). It is only based on the biological parents income not the step parents income. I know this- because it is my reality and I live in Texas- Tarrant County. Go to the Texas attorney generals web site they have a chart. If he is under contract and considered "self employed" then tax deductions are considered before taking the percentages for the children.

Generally child support is based on the previous two years' tax returns. This shows an average of earnings over the long term. Is the ex aware of his higher earnings as a result of his new job? If you have custody you can go after her for child support. Of course, be prepared for the tide to turn if she ever gets custody back. OF course, courts usually don't like to play musical chairs with kids. If you provide a stable, healthy home for them it's unlikely that she'd ever get back custody. That said, you can have her pay child support to you and your husband.

Quote:

Originally Posted by s_cianci

Generally child support is based on the previous two years' tax returns. This shows an average of earnings over the long term. Is the ex aware of his higher earnings as a result of his new job? If you have custody you can go after her for child support. Of course, be prepared for the tide to turn if she ever gets custody back. OF course, courts usually don't like to play musical chairs with kids. If you provide a stable, healthy home for them it's unlikely that she'd ever get back custody. That said, you can have her pay child support to you and your husband.

S_Cianci his ex is aware of the extra income and has not gone after us for more child support, against her husbands many requests, because we go over and beyond what is necessary and she would more than likely be worse off. My husband gave more than was required and we would help them out from time to time financially when they are in need and buy all the girls clothes and school activity requirements. So she has left it alone.

THANK YOU ALL FOR YOUR COMMENTS!! WE GREATLY APPRECIATE IT!!

Well she's probably leaving well enough alone, knowing that if she creates any further hassles for you you won't give her a cent above and beyond what you're required to pay. Actually she's being a wise woman.