Child support question

[Lo Wood]

I live in Texas. My husband and his ex wife have 3 children and agreed legally that we would have 50/50 custody and we would pay her $400 per month and would cover all 3 children's health insurance. We also had a verbal agreement that the kids would live and go to school in a certain city. She came to us and asked us for this arrangement and made a verbal agreement that we would no longer pay the $400 after she finished nursing school. As soon as she graduated from school she met her now fianc� that she will marry in a month, which is a multi millionaire. We reminded her of the verbal agreement, that we would stop paying the $400 after she finished school. She told us that she changed her mind and we would have to wait until she got married because he bought her and the kids a $300,000 home and car and was paying all her bills so she wasn't getting a nursing job. She ended up giving us the $400 back each month after many discussions about it. She said she wouldn't legally terminate it until she got married. My husband is a fireman and makes $85,000 per year. We purchased a home last week where we agreed to live and keep the kids in school there. His ex was aware of this and knew our closing date. She text me the day we closed on our home and said that she was getting married and moving the kids to another home that her millionaire fianc�es owns 40 mins away from where we live now and putting the kids in school there as well. She knew that we wouldn't be able to keep joint custody by doing this so not only did she say she was keeping the $400 per month again but she is taking us to court to get the maximum child support. She said that she looked into it and her new husbands income won't count. Can this really happen?

 

[TheGeekess]

I live in Texas. My husband and his ex wife have 3 children and agreed legally that we would have 50/50 custody and we would pay her $400 per month and would cover all 3 children's health insurance. We also had a verbal agreement that the kids would live and go to school in a certain city. She came to us and asked us for this arrangement and made a verbal agreement that we would no longer pay the $400 after she finished nursing school. As soon as she graduated from school she met her now fianc� that she will marry in a month, which is a multi millionaire. We reminded her of the verbal agreement, that we would stop paying the $400 after she finished school. She told us that she changed her mind and we would have to wait until she got married because he bought her and the kids a $300,000 home and car and was paying all her bills so she wasn't getting a nursing job. She ended up giving us the $400 back each month after many discussions about it. She said she wouldn't legally terminate it until she got married. My husband is a fireman and makes $85,000 per year. We purchased a home last week where we agreed to live and keep the kids in school there. His ex was aware of this and knew our closing date. She text me the day we closed on our home and said that she was getting married and moving the kids to another home that her millionaire fianc�es owns 40 mins away from where we live now and putting the kids in school there as well. She knew that we wouldn't be able to keep joint custody by doing this so not only did she say she was keeping the $400 per month again but she is taking us to court to get the maximum child support. She said that she looked into it and her new husbands income won't count. Can this really happen?

Good news! Your income won't count, either, just as you are not a party to Dad's custody order. Just so you know: if Mom had a job of her own, that wouldn't count, either, because Texas is a percentage of the obligor's income.

 

[Lo Wood]

Oh no! This so not good news! I make $15,000 per year so I wish they would calculate our income compared to their income so it would be fair.

 

[Lo Wood]

Oh no! This so not good news! I make $15,000 per year so I wish they would calculate our income compared to their income so it would be fair. We would have never purchased a home here if she would have told us she was planning on moving the kids away and changing their schools. This was all calculated and planned. She knew exactly what she was doing. I just hope a Judge would take all of this into consideration.

 

[Proserpina]

Oh no! This so not good news! I make $15,000 per year so I wish they would calculate our income compared to their income so it would be fair. We would have never purchased a home here if she would have told us she was planning on moving the kids away and changing their schools. This was all calculated and planned. She knew exactly what she was doing. I just hope a Judge would take all of this into consideration.

Texas uses a standard percentage which you can see here: https://www.texasattorneygeneral.gov/cs/calculator/

It doesn't matter who did what or to whom; the custodial parent is virtually always entitled to receive child support from the non-custodial parent. That Mom may have done this all with the intent to file means nothing at all.

Now with all of that being said, when did they move and what is the current timeshare?

 

[Zigner]

Isn't it amazing how many new partners think that there name is magically amended to the court orders?

 

[LdiJ]

Oh no! This so not good news! I make $15,000 per year so I wish they would calculate our income compared to their income so it would be fair. We would have never purchased a home here if she would have told us she was planning on moving the kids away and changing their schools. This was all calculated and planned. She knew exactly what she was doing. I just hope a Judge would take all of this into consideration.

Your husband can file a motion to challenge her relocating the children. He should do so immediately. I would recommend that he hire an attorney.

 

[not2cleverRed]

You husband should use the phrase "imputed income".

Since you husband's exwife has finished nursing school, her earning potential should have increased, and for the purpose of child support calculations what she *could* earn should be used, as she is voluntarily unemployed.

And yes, your husband should contest the move.

 

[LdiJ]

You husband should use the phrase "imputed income".

Since you husband's exwife has finished nursing school, her earning potential should have increased, and for the purpose of child support calculations what she *could* earn should be used, as she is voluntarily unemployed.

And yes, your husband should contest the move.

\

Assuming they still remain with a 50/50 timeshare. Otherwise, only the ncp's income counts in TX.

 

[Zigner]

Since you husband's exwife has finished nursing school, her earning potential should have increased, and for the purpose of child support calculations what she *could* earn should be used, as she is voluntarily unemployed.

How do you reconcile this with Texas not using the recipient's income as a basis for determining child support?

 

[TheGeekess]

Texas uses a standard percentage which you can see here: https://www.texasattorneygeneral.gov/cs/calculator/

It doesn't matter who did what or to whom; the custodial parent is virtually always entitled to receive child support from the non-custodial parent. That Mom may have done this all with the intent to file means nothing at all.

Now with all of that being said, when did they move and what is the current timeshare?

I'd like Dad to answer the questions (since it's his name on the court order), as well as what kind of shift he works.
As well as who is primary conservator.

 

[Proserpina]

I'd like Dad to answer the questions (since it's his name on the court order), as well as what kind of shift he works.
As well as who is primary conservator.

That's lovely.