Tx CS is almost 50% of my net.

[thegrownup]

What is the name of your state (only U.S. law) TX

This is a short version. I went to the OAG's office to increase the amount I pay for child support. I walked out set to pay 20% of my wages, and to provide insurance. This comes to $8,100, out of my $19,000 take home. There's no consideration for any of the millions of factors that each case may present. What kind of reasoning is this? Do I have any options?

 

[single317dad]

What is the name of your state (only U.S. law) TX

This is a short version. I went to the OAG's office to increase the amount I pay for child support. I walked out set to pay 20% of my wages, and to provide insurance. This comes to $8,100, out of my $19,000 take home. There's no consideration for any of the millions of factors that each case may present. What kind of reasoning is this? Do I have any options?

I'm not sure I understand the math here. Are you saying that you gross $40,500, and of that amount, you would normally net $19,000, and that your new support order requires you to pay $8,100?

If so, please enumerate the deductions that result in your net being only 47% of your gross pay.

 

[thegrownup]

I gross about 23,000, and net about 19,000, and my child support plus insurance costs about 8,000.

 

[stealth2]

How much are your insurance costs? And what about day care? Neither of those are included in child support, per se.

 

[I'mTheFather]

The insurance cost should have been deducted from your gross before calculating child support assuming the cost is for that child.

 

[thegrownup]

I'm not sure but it's routine so the support is probably being deducted from my gross. That may save me a few bucks, but not much. I have it all broken down, but wanted to keep it short. They'll take 355.00 per month for child support. I was not insuring myself. I have to insure myself, before I can add my daughter. I will pay 55.00 biweekly for myself, and 91.00 biweekly for my daughter.

355 x 12 = 4,260
+
55 x 26 = 1,430
+
91 x 26 = 2,336

Total for all =8,026
- Ins for Self = 6,595

The main point is that my check is going from 700 biweekly, to about 400.

 

[TheGeekess]

What is the name of your state (only U.S. law) TX

This is a short version. I went to the OAG's office to increase the amount I pay for child support. I walked out set to pay 20% of my wages, and to provide insurance. This comes to $8,100, out of my $19,000 take home. There's no consideration for any of the millions of factors that each case may present. What kind of reasoning is this? Do I have any options?

https://www.oag.state.tx.us/cs/

SUBCHAPTER B. COMPUTING NET RESOURCES AVAILABLE FOR PAYMENT OF CHILD SUPPORT

Sec. 154.061. COMPUTING NET MONTHLY INCOME. (a) Whenever feasible, gross income should first be computed on an annual basis and then should be recalculated to determine average monthly gross income.

(b) The Title IV-D agency shall annually promulgate tax charts to compute net monthly income, subtracting from gross income social security taxes and federal income tax withholding for a single person claiming one personal exemption and the standard deduction.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.


Sec. 154.062. NET RESOURCES. (a) The court shall calculate net resources for the purpose of determining child support liability as provided by this section.

(b) Resources include:

(1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);

(2) interest, dividends, and royalty income;

(3) self-employment income;

(4) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and

(5) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits other than supplemental security income, unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.

(c) Resources do not include:

(1) return of principal or capital;

(2) accounts receivable;

(3) benefits paid in accordance with the Temporary Assistance for Needy Families program or another federal public assistance program; or

(4) payments for foster care of a child.

(d) The court shall deduct the following items from resources to determine the net resources available for child support:

(1) social security taxes;

(2) federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;

(3) state income tax;

(4) union dues;

(5) expenses for the cost of health insurance or cash medical support for the obligor's child ordered by the court under Section 154.182; and

(6) if the obligor does not pay social security taxes, nondiscretionary retirement plan contributions.

(e) In calculating the amount of the deduction for health care coverage for a child under Subsection (d)(5), if the obligor has other minor dependents covered under the same health insurance plan, the court shall divide the total cost to the obligor for the insurance by the total number of minor dependents, including the child, covered under the plan.

(f) For purposes of Subsection (d)(6), a nondiscretionary retirement plan is a plan to which an employee is required to contribute as a condition of employment.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 41, eff. Sept. 1, 1995.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm

 

[I'mTheFather]

If you were paying the insurance when the order was determined, then the $91 should have been deducted from your gross, along with SS, state and federal taxes, before arriving at the child support amount.

However, did you have arrears? Who was providing the child's health insurance previously?

 

[stealth2]

Total for all =8,026
- Ins for Self = 6,595

I'm generally pretty good with math, but I am not understanding how you came up with $6595 for insurance for yourself. No matter how I massage your numbers....

 

[I'mTheFather]

I was confused by that too. I think he hit 'return' by accident.

Total 8026 - Insurance for self at 1430=6596 total paid for child

And he's off by one dollar. At least, that's the only thing that makes sense to me.

 

[stealth2]

That could be.... Come next year, he'd need to be insured anyway. Maybe he should check out healthcare.gov....

 

[SESmama]

Not to mention that generally there are only 24 payments on insurance, not 26, if it is through his employer.

 

[TinkerBelleLuvr]

SESmama
Not to mention that generally there are only 24 payments on insurance, not 26, if it is through his employer.

Actually, this is inaccurate. MOST employers, when deducting will annualize the payments and take out equal increments of the employee's portion of insurance. I only worked for one place that did it as 48/52 weeks to pay for insurance.

The fallacy of the logic here is that HIS personal coverage is immaterial to child support. He could have purchased an individual policy on the open market for the child and continued to not insurance himself.

His child support is $355 * 12.
The child's portion of insurance is $91 * 26.

Anything else is fluff.

Most likely, the insurance is pre-tax (not all but usually) so the tax bill will lower all around.

 

[CJane]

*Maybe he could have purchased an individual policy for the child. My state did away with them several years ago.

But yeah, the fact that he has to insure himself in order to insure the child is irrelevant to the equation.

 

[single317dad]

So, without doing the math, looks like they took the insurance for the child off the top (23k - 2336), then figured 20% of the remainder as support (20664 * .2) for 4260. Seems pretty accurate.

Think of it this way: what would it cost you to support that same child if you and Mom still lived together? Think of everything, now. The school books. A few bucks here and there for little things. Food. Clothing. Shelter. A share of utilities used by the child. New soccer cleats. Gas to run them from place to place. I'd wager it would be more than you're currently paying (x2). Kids are expensive.