older child turns 18 - younger child support go up?

[bonkers101]

Texas

Just went to mediation and this wasn't brought up -

Child support order was $292 set in 1999 with dad having one older child he also paid support on.

Now he pays $292 plus $150 in arrears monthly (15 K in arrears).

His older child turned 18 last December, so he doesn't pay support on her, jsut the arrearages he owes on her case.

When asked about other children, he said he pays support on her first, then our son, which isn't really true, he only pays arrearages.

Should his "normal" support on our son have gone up considering he doesn't pay support only arrearages on his daughter now?

 

[ceara19]

Texas

Just went to mediation and this wasn't brought up -

Child support order was $292 set in 1999 with dad having one older child he also paid support on.

Now he pays $292 plus $150 in arrears monthly (15 K in arrears).

His older child turned 18 last December, so he doesn't pay support on her, jsut the arrearages he owes on her case.

When asked about other children, he said he pays support on her first, then our son, which isn't really true, he only pays arrearages.

Should his "normal" support on our son have gone up considering he doesn't pay support only arrearages on his daughter now?

It is possible that the CS is due for an increase, but it's not automatic, it will have to be done through a modification hearing.

 

[LdiJ]

It is possible that the CS is due for an increase, but it's not automatic, it will have to be done through a modification hearing.

In other words, if you don't petition for an increase, one won't happen. Go have a talk with your local CS agency, they can help you with a modification.

 

[bonkers101]

ok, thanks.

My question was more of what the guidelines were when a NCP is paying for two children and one turns 18, does the cs go up for the younger child if CP files for modification?

 

[stealth2]

It depends entirely on the circumstances of the two parents. If the NCP's income has increased w/no modification of CS in a while, then the CS may go up even with fewer kids in the equation. Or not.

 

[betterthanher]

When asked about other children, he said he pays support on her first, then our son, which isn't really true, he only pays arrearages.

Should his "normal" support on our son have gone up considering he doesn't pay support only arrearages on his daughter now?

Arrearage is support. Where do you think the arrearage came from? If you guessed "child support", you won.

 

[bonkers101]

Of course - I just tire of hearing all the lip about support and would like to counter with the "hey, leave it alone, you could be paying out more since this was written in 1999 and the older child is 18 and you no longer pay the support, just the arrearages on her which I know is only $66.00 monthly."

I'm sure he makes more than he did in 1999. I don't intend on taking him back to court over cs. i even dropped the contempt charges on the 15K he owes, his wages are garnished for now and things are relatively moving along nicely, I jsut want peace....this is more a question simply for education purposes.

 

[Gracie3787]

Of course - I just tire of hearing all the lip about support and would like to counter with the "hey, leave it alone, you could be paying out more since this was written in 1999 and the older child is 18 and you no longer pay the support, just the arrearages on her which I know is only $66.00 monthly."

I'm sure he makes more than he did in 1999. I don't intend on taking him back to court over cs. i even dropped the contempt charges on the 15K he owes, his wages are garnished for now and things are relatively moving along nicely, I jsut want peace....this is more a question simply for education purposes.

I don't know if Texas does this or not, in some states it is required that the amount of on-going support continues after age 18 if arrears are owed. So it's possible that he may still be paying the full amount, not just the $66.00 a month.

If he keeps complaining, reminding him of the possibility of his CS going up might be a good way to quiet him down for awhile.

 

[VeronicaGia]

Not to mention the fact that our poster doesn't know if his arrearage order was modified so that he pays more than $66/month in order to pay it off more quickly.

 

[ceara19]

Not to mention the fact that our poster doesn't know if his arrearage order was modified so that he pays more than $66/month in order to pay it off more quickly.


I don't know if Texas does this or not, in some states it is required that the amount of on-going support continues after age 18 if arrears are owed. So it's possible that he may still be paying the full amount, not just the $66.00 a month.

If he keeps complaining, reminding him of the possibility of his CS going up might be a good way to quiet him down for awhile.

Texas does not continue CS just because a person is in arrears.

It is very likely that CSE is still withholding the FULL amount he was paying before in order to get the arrears paid off. However, that makes no difference in what he should be paying the OP in current support.

Bonkers, if you and your X have one child together, CP was set at 16% of his net income. That should be 20% now that his oldest has turned 18.

 

[brisgirl825]

If dad already received his credit for the support when he was supposed to be actually paying it, how can he continue to get credit? Does that make sense?
He is wanting to keep getting credit for the arrears but the arrears are monies already calculated into the cs figure.

I am not sure how this works but it may worth a consult.