+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 23
  1. #1
    EricBuckner is offline Junior Member
    Join Date
    May 2010
    Posts
    5

    50:50 custody in Texas

    Wondering if there is any sense in going back to court to seek a restructure of my divorce decree... details below.

    I am in Texas, divorced in 2005. My ex and I share 50:50 split custody with our son.

    Owing to disparate incomes, I pay her a child support of $6,600 per year, plus one half of everything for our son.

    She is a CPA and a professional with an income capable of sustaining her and my son during her weeks. I do not know her income, but best-guess is $90,000-ish. She owns our old house (the mortgage on it, anyway). I suspect our income gap is about what it was during the original decree.

    I am now expecting a child with my new wife in November of this year. I do not know if or how this could impact my decree.

    My ex has not remarried and as yet has no other children.

    For my original divorce decree, I went in uncontested and her lawyer drew up the papers. I know, I know, I know, please don't say it, I see the hole in my head and still taste gunpowder every time I sneeze, believe me. I don't know if this has any impact on a future restructuring.

    My goal of course would be to remove the child support payments altogether, or at the very least set up a separate account in my son's name that only he could access.

    The risk is that I go back to court to restructure, and it either gets worse, or stays the same, and now I'm out lawyer and court fees.

    Thoughts? Any help is much appreciated!

    Is there hope, or should I head to the bar and drink away these dirty nagging thoughts...

    - Eric (Dallas, TX)What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  2. #2
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    66,335
    Quote Originally Posted by EricBuckner View Post
    Wondering if there is any sense in going back to court to seek a restructure of my divorce decree... details below.

    I am in Texas, divorced in 2005. My ex and I share 50:50 split custody with our son.

    Owing to disparate incomes, I pay her a child support of $6,600 per year, plus one half of everything for our son.

    She is a CPA and a professional with an income capable of sustaining her and my son during her weeks. I do not know her income, but best-guess is $90,000-ish. She owns our old house (the mortgage on it, anyway). I suspect our income gap is about what it was during the original decree.

    I am now expecting a child with my new wife in November of this year. I do not know if or how this could impact my decree.

    My ex has not remarried and as yet has no other children.

    For my original divorce decree, I went in uncontested and her lawyer drew up the papers. I know, I know, I know, please don't say it, I see the hole in my head and still taste gunpowder every time I sneeze, believe me. I don't know if this has any impact on a future restructuring.

    My goal of course would be to remove the child support payments altogether, or at the very least set up a separate account in my son's name that only he could access.

    The risk is that I go back to court to restructure, and it either gets worse, or stays the same, and now I'm out lawyer and court fees.

    Thoughts? Any help is much appreciated!

    Is there hope, or should I head to the bar and drink away these dirty nagging thoughts...

    - Eric (Dallas, TX)What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
    As long as there is a disparity in incomes, you are going to be paying some child support. You might get some small relief with your new child, but it would not be much.

    No, you will NEVER get a judge to order that your child support be deposited in an account that only the child can access.

    CPA's do not necessarily make big bucks either. You could be way off on your guesstimate.
  3. #3
    pittrocks is offline Member
    Join Date
    Nov 2008
    Location
    PA
    Posts
    269
    So because you're having another child, you want to stop paying for your first child??
    Child support is reimbursement to the other parent, not payable to the child themselves.
    There is no crystal ball; you can file for a modification, and see what happens.

    You have no way of knowing exactly what your ex makes unless she provides the financial info when or if there is a support modification.

    Might be better to concentrate on your own life now..
  4. #4
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    66,335
    Quote Originally Posted by pittrocks View Post
    So because you're having another child, you want to stop paying for your first child??
    Child support is reimbursement to the other parent, not payable to the child themselves.
    There is no crystal ball; you can file for a modification, and see what happens.

    You have no way of knowing exactly what your ex makes unless she provides the financial info when or if there is a support modification.

    Might be better to concentrate on your own life now..
    Seriously....based on your guesstimate of you ex's income you yourself have to be making well over 100k. If $550.00 a month is a hardship for you, then you need to be considering some downsizing.
  5. #5
    EricBuckner is offline Junior Member
    Join Date
    May 2010
    Posts
    5
    Quote Originally Posted by pittrocks View Post
    So because you're having another child, you want to stop paying for your first child??
    Child support is reimbursement to the other parent, not payable to the child themselves.
    There is no crystal ball; you can file for a modification, and see what happens.

    You have no way of knowing exactly what your ex makes unless she provides the financial info when or if there is a support modification.

    Might be better to concentrate on your own life now..
    I am not trying to get out of paying for the first child -- I just don't know if that affects the equation.

    And it's not a hardship so much as I was hoping I could direct the money straight to our son. He turned 9 this year, and I got to thinking about cars, braces, college, and how nice it would be to bank that CS for the next 10 years instead of her spending it month-to-month.

    As expected, I bow to the flaming truth of what I already knew.

    THANK YOU all for your comments.

    - Eric
  6. #6
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    Morrison, CO
    Posts
    26,020
    Quote Originally Posted by EricBuckner View Post
    I am not trying to get out of paying for the first child -- I just don't know if that affects the equation.

    And it's not a hardship so much as I was hoping I could direct the money straight to our son. He turned 9 this year, and I got to thinking about cars, braces, college, and how nice it would be to bank that CS for the next 10 years instead of her spending it month-to-month.

    As expected, I bow to the flaming truth of what I already knew.

    THANK YOU all for your comments.

    - Eric

    What a dimwitted plan. MOM pays for everything, and SON accumulates a fat bank account? Flat-out stupid.

    Some reading around the forum before posting would've saved a lot of bother.
  7. #7
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Gathering evidence
    Posts
    39,788
    Eric, do you know what child support is actually for?
  8. #8
    kimberlywrites is offline Senior Member
    Join Date
    Dec 2005
    Location
    Houston
    Posts
    1,138
    Quote Originally Posted by Proserpina View Post
    Eric, do you know what child support is actually for?
    Oooh I know, I know! Pick me!
    It's to keep a roof over the child's head, put groceries in the fridge and clothes on his back!
    Eric - take the money you would spend on lawyer and court fees, and put THAT it an account for your son.
    You won't be able to get it changed.
    Who is the primary residential parent? I know you have 50-50 but one parent has to be named that, for school and insurance purposes. (I know because me and my ex also have 50-50 and we live in Texas)
    Not sure how your child support is calculated, but it's generally not based on the income of the CP at all. It's based on the the NCP's income.
  9. #9
    mistoffolees is offline Senior Member
    Join Date
    Mar 2008
    Posts
    21,315
    Quote Originally Posted by kimberlywrites View Post
    Who is the primary residential parent? I know you have 50-50 but one parent has to be named that, for school and insurance purposes. (I know because me and my ex also have 50-50 and we live in Texas)
    Not sure how your child support is calculated, but it's generally not based on the income of the CP at all. It's based on the the NCP's income.
    Texas has a funny child support calculation. There is a calculator which, as you've stated, includes only the NCP's income:
    [url=http://www.divorcehq.com/calculators/tx_supportcalc.shtml]Texas Child Support Calculator[/url]

    However, it states that this is meant to apply only when one parent has primary custody. It probably does not apply in a 50:50 situation. Apparently, the judges have a great deal of discretion in cases like that.

    In most states, the calculation considers both parents' income as well as the number of nights in each home. I suspect that most (if not all) judges in Texas would take those things into account in setting child support in a 50:50 situation.

    As a (very) general rule, child support is likely to change only when there has been a significant change in circumstances. To answer OP's question, a new child does not typically count. The court (rightly) assumes that you should only be having another child if you can afford your existing obligations as well as the new ones.
  10. #10
    EricBuckner is offline Junior Member
    Join Date
    May 2010
    Posts
    5
    Quote Originally Posted by kimberlywrites View Post
    Oooh I know, I know! Pick me!
    It's to keep a roof over the child's head, put groceries in the fridge and clothes on his back!
    Eric - take the money you would spend on lawyer and court fees, and put THAT it an account for your son.
    You won't be able to get it changed.
    Who is the primary residential parent? I know you have 50-50 but one parent has to be named that, for school and insurance purposes. (I know because me and my ex also have 50-50 and we live in Texas)
    Not sure how your child support is calculated, but it's generally not based on the income of the CP at all. It's based on the the NCP's income.
    She's hardly destitute. She's a career gal with a 7-series BMW and a bigger house than mine.

    - Eric
  11. #11
    EricBuckner is offline Junior Member
    Join Date
    May 2010
    Posts
    5
    Quote Originally Posted by kimberlywrites View Post
    Oooh I know, I know! Pick me!
    It's to keep a roof over the child's head, put groceries in the fridge and clothes on his back!
    Eric - take the money you would spend on lawyer and court fees, and put THAT it an account for your son.
    You won't be able to get it changed.
    Who is the primary residential parent? I know you have 50-50 but one parent has to be named that, for school and insurance purposes. (I know because me and my ex also have 50-50 and we live in Texas)
    Not sure how your child support is calculated, but it's generally not based on the income of the CP at all. It's based on the the NCP's income.
    My CS was calculated as 20% of the delta between incomes. Since she had a lawyer and I did not, I got to include my bonus -- which unfortunately was good that year -- while her bonus was conveniently missing, adding to the disparity.

    - Eric
  12. #12
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    Morrison, CO
    Posts
    26,020
    Quote Originally Posted by EricBuckner View Post
    She's hardly destitute. She's a career gal with a 7-series BMW and a bigger house than mine.
    Allrighty.

    She must be one smart "gal."
  13. #13
    EricBuckner is offline Junior Member
    Join Date
    May 2010
    Posts
    5
    Quote Originally Posted by Silverplum View Post

    What a dimwitted plan. MOM pays for everything, and SON accumulates a fat bank account? Flat-out stupid.

    Some reading around the forum before posting would've saved a lot of bother.
    Dad pays for everything, why shouldn't mom?

    Not sure why reading around the forum would change my opinion on the matter. I personally believe that if the custodial parent cannot AFFORD the kid, then the child should be removed to the other home.

    Someone on this very thread said it: If you can't afford a kid, don't have one.

    - Eric
  14. #14
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    Morrison, CO
    Posts
    26,020
    Quote Originally Posted by EricBuckner View Post
    Dad pays for everything, why shouldn't mom?

    Not sure why reading around the forum would change my opinion on the matter. I personally believe that if the custodial parent cannot AFFORD the kid, then the child should be removed to the other home.

    Someone on this very thread said it: If you can't afford a kid, don't have one.

    - Eric
    The only response for you and your "ideas":

  15. #15
    TinkerBelleLuvr is offline Senior Member
    Join Date
    Aug 2007
    Location
    With Capt'n Hook
    Posts
    11,411
    I would suggest doing a cost benefit analysis to see if you would actually "save" any money versus the cost of going to court.

Similar Threads

  1. Texas Custody
    By DallasHockey in forum Child Custody & Visitation
    Replies: 17
    Last Post: 04-08-2010, 08:46 PM
  2. Texas Custody
    By donna78201 in forum Child Custody & Visitation
    Replies: 11
    Last Post: 02-08-2008, 04:17 PM
  3. Custody of a 16 y/o in Texas
    By jsocialworker in forum Grandparentís Rights
    Replies: 4
    Last Post: 01-10-2006, 02:58 PM
  4. Replies: 4
    Last Post: 12-28-2005, 12:54 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.