What is the name of your state (only U.S. law)? Texas
Just curious if anyone had any insight as to how Texas works when it comes to divorced parents each having custodial rights over different children. My situation is such that my ex and I have 5 children together. She has primary custody of 4 of the children and I have primary custody of 1. I pay her child support based on a chart in Texas that takes into consideration how many children are before the court, and then reduces the percentage based on how many children the obligor has a duty to support in their household (no matter who the mother/father may be). So in my case I would pay child support for 4 children and get credit for 1 child in my household.
According to the Attorney Generals Child Support office the flip case is not applied here. She would not have to pay me child support for the 1 child in my custody taking into consideration the 4 in her household.
My divorce attorney has advised me that the flip case should apply. Unfortunately I cannot afford an attorney to take this case to court. I feel like my daughter (the child in my custody) is getting a short stick here. There is no determination of my ex's salary at all. I pay child support based on my salary only and my child support to my ex would be the same even if my daughter were with another person.
If anyone has any insight into this type of situation please let me know. It doesn't pass the common sense test to me, but then again that doesn't mean it's not right. The family code doesn't directly address this type of situation but the way I read it, there should be two cases involved. One case where my daughter is before the court and another where the other 4 children are before the court.
Thanks!!!
Just curious if anyone had any insight as to how Texas works when it comes to divorced parents each having custodial rights over different children. My situation is such that my ex and I have 5 children together. She has primary custody of 4 of the children and I have primary custody of 1. I pay her child support based on a chart in Texas that takes into consideration how many children are before the court, and then reduces the percentage based on how many children the obligor has a duty to support in their household (no matter who the mother/father may be). So in my case I would pay child support for 4 children and get credit for 1 child in my household.
According to the Attorney Generals Child Support office the flip case is not applied here. She would not have to pay me child support for the 1 child in my custody taking into consideration the 4 in her household.
My divorce attorney has advised me that the flip case should apply. Unfortunately I cannot afford an attorney to take this case to court. I feel like my daughter (the child in my custody) is getting a short stick here. There is no determination of my ex's salary at all. I pay child support based on my salary only and my child support to my ex would be the same even if my daughter were with another person.
If anyone has any insight into this type of situation please let me know. It doesn't pass the common sense test to me, but then again that doesn't mean it's not right. The family code doesn't directly address this type of situation but the way I read it, there should be two cases involved. One case where my daughter is before the court and another where the other 4 children are before the court.
Thanks!!!