Reducing Child Support

[CrisReyes]

Texas...I am currently paying $890 month in child support for two kids...after taxes, all I take home is 1800 for the month...I was wondering if there is any way I can ask the court to reduce payments as I am NOT making it at the end of the month...furthermore, the children are complaining that the money is not being used on them (clothes, shoes, school supplies) but instead on vacations for dad and step-mom, new vehicles, and accessories for a motorcycle. Please help ... I can't even afford a lawyer at this point...desperate!!

 

[Proserpina]

Texas...I am currently paying $890 month in child support for two kids...after taxes, all I take home is 1800 for the month...I was wondering if there is any way I can ask the court to reduce payments as I am NOT making it at the end of the month...furthermore, the children are complaining that the money is not being used on them (clothes, shoes, school supplies) but instead on vacations for dad and step-mom, new vehicles, and accessories for a motorcycle. Please help ... I can't even afford a lawyer at this point...desperate!!

Texas takes a straight percentage of the NCP's income.

Sounds about right to me, actually.

As long as the kids are fed, clothed and housed, it's up to the CP how s/he chooses to use the child support.

(And I strongly doubt that the kids are wandering around naked)

 

[torimac]

Additionally, your money is not being used for vacations, cars, etc. Money is being used to house, feed and clothe the children. Money is being used to buy cars and vacations. Once it leaves your bank account, it is no longer 'your' money. It is, as one of the senior's here pointed out, one big pool of money.

 

[Silverplum]

What do the kids know about how the money is spent? Do they pay the rent/mortgage? Do they pay the monthly utility bills? Do they pay the grocery bills?

 

[dmcc10880]

TX child support guidelines allow for 25 of your NET monthly income. If you're bringing in $1800, your obligation would be $450 per month.

If you can't afford an attorney, contact the court's self help center and ask for an adjustment in CS.

 

[Proserpina]

TX child support guidelines allow for 25 of your NET monthly income. If you're bringing in $1800, your obligation would be $450 per month.

If you can't afford an attorney, contact the court's self help center and ask for an adjustment in CS.

OP seems to be saying that they're left with $1800/month after taxes AND child support.

(If you run the numbers, it comes out pretty much spot on)

 

[dmcc10880]

If that's the case, the CS should be cut to $672.50. If what you claim, the numbers ARE spot on. That's a reduction of 227.50 per month based on guideline.

 

[TheGeekess]

Child support is a percentage of the net income of the non-custodial parent’s income. The percentage varies depending on the number of children for whom the child support is ordered and the number of other children that parent is supporting, such as children from a previous marriage.

Net income includes the following:

100% of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
interest, dividends, and royalty income;
self-employment income;
net rental income (defined as rent after deducting operating expenses and mortgage payments, but NOT including non-cash items such as depreciation); and
all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.





Net income does NOT include:


return of principal or capital;
accounts receivable;
benefits paid in accordance with aid for families with dependent children (welfare payments); or
income from a new spouse


The following items are deducted from your resources prior to calculating child support:

social security taxes;
federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;
state income tax;
union dues; and
expenses for health insurance coverage for the child for whom child support is paid.


What constitutes income and what deductions are allowed for self-employed persons can get quite complicated. Consult an attorney to discuss specific circumstances in calculating child support.

If your income varies over time, the courts may take your average income over a period such as your average income over six months to one year.

How does the court decide the child support amount?



Texas has established a formula to calculate what amount a non-custodial parent should pay for child support. If a non-custodial parent’s net monthly income is less than $6,000, Texas law has established the following guidelines for child support payments. The amount withheld is based on the net income each month.



• 20 % for one child

• 25 % for two children

• 30 % for three children

• 35 % for four children

• 40 % for five children

• Not less than 40 % for six children

Welcome to TX Access

 

[LillianX]

Because it ends up getting explained 40 times a day, I've made a little visual aid to explain how child support works, and why, if the child's needs are being met, no one is misusing the child support checks.

How child support works

 

[Zigner]

Because it ends up getting explained 40 times a day, I've made a little visual aid to explain how child support works, and why, if the child's needs are being met, no one is misusing the child support checks.

How child support works

Good job
Of course, some of the men who are collecting CS may not have as much use for a purse...but it's definitely the right idea!

 

[Proserpina]

Because it ends up getting explained 40 times a day, I've made a little visual aid to explain how child support works, and why, if the child's needs are being met, no one is misusing the child support checks.

How child support works

IMMENSE round of applause!

An EXCELLENT job!

 

[LillianX]

Good job
Of course, some of the men who are collecting CS may not have as much use for a purse...but it's definitely the right idea!

I am available to receive all unwanted handbags.

 

[Proserpina]

I am available to receive all unwanted handbags.

Okay, now I'm cracking up.

(Though I think you may have to get behind Ms Tigi for the great handbag giveaway...)

 

[Isis1]

Because it ends up getting explained 40 times a day, I've made a little visual aid to explain how child support works, and why, if the child's needs are being met, no one is misusing the child support checks.

How child support works

that was awesome! i loved the empty pool picture! great touch!

 

[LillianX]

that was awesome! i loved the empty pool picture! great touch!

I wanted to fill a pool with Coach bags for the last shot, but I was too lazy to fire up photoshop.