the judge won't sign-part 2

[frustratedtexan]

What is the name of your state? texas

When i went to court the first time, the judge states that he can't sign if the children (there are 2, ages 10 and 15) aren't properly cared for. This is an uncontested divorce, and my soon to be ex wife agreed to the terms in the paperwork, hence the signing of the papers and filing. Now we agreed to $125 a WEEK child support and $50 a WEEK for health care insurance through her employer. that's like $600 a month child support and $200 a month for insurance. So now we went back again, and i made sure that this is stated as such. When i used the divorce kit, before i filed, all the forms were filled out as i needed them. Anyone got any good advice? i want this divorce to be finalized so i can get on with my life!!!!

 

[Ohiogal]

Did you run a child support worksheet to determine what child support SHOULD BE? And see how much your support figures differ by? And then give a legitimate reason for why it is differing?

 

[frustratedtexan]

i didn't, but a friend of mine checked into the child support ranges for texas, and even at 20 % of my income, i'm going to be paying more than enough. Also, my soon to be ex and I agreed that this would be sufficient which is why we both assumed it would be no problem. She signed all the paperwork including the new form that showed the amounts we agreed upon.

 

[seniorjudge]

There are hundreds, if not thousands, of child support calculators on the internet.

Run a few with different scenarios and print them out.

 

[frustratedtexan]

thanks judge. i will try that. we both just want this done, we've actually come to an agreement finally after 2 yrs of putting it all off

 

[CJane]

If you're going to deviate from CS guidelines, you have to explain why in the proper manner to the court. The court can choose to accept your justifications or not.

Part of the problem you're having could be that you're offering to pay over and above the guidelines that the state uses... perhaps the judge is concerned about whether or not the children will be properly provided for on YOUR time if you're paying more than you can afford in CS/insurance.

It's also possible that figuring insurance payments separately isn't allowed, and that amount is already figured into CS.

 

[frustratedtexan]

well my soon to be ex and i decided that for me to pay the $50 a week for insurance is what it would cost her if she paid for it on her own. Also, we figured that $125 is sufficient. when i went to court about it the second time i had it laid out on a separate piece of paper and submitted it to the judge outlining the whole agreed scenario

 

[LdiJ]

What is the name of your state? texas

When i went to court the first time, the judge states that he can't sign if the children (there are 2, ages 10 and 15) aren't properly cared for. This is an uncontested divorce, and my soon to be ex wife agreed to the terms in the paperwork, hence the signing of the papers and filing. Now we agreed to $125 a WEEK child support and $50 a WEEK for health care insurance through her employer. that's like $600 a month child support and $200 a month for insurance. So now we went back again, and i made sure that this is stated as such. When i used the divorce kit, before i filed, all the forms were filled out as i needed them. Anyone got any good advice? i want this divorce to be finalized so i can get on with my life!!!!

That's actually more like 500.00 a month in child support. Which would be VERY low for three children.

 

[CJane]

well my soon to be ex and i decided that for me to pay the $50 a week for insurance is what it would cost her if she paid for it on her own. Also, we figured that $125 is sufficient. when i went to court about it the second time i had it laid out on a separate piece of paper and submitted it to the judge outlining the whole agreed scenario

You need to find an attorney to help you with the documents. Clearly, you're doing something wrong, and we can't see your papers.

In MY state (and I have no idea if yours is similar) you have to include a specific form that the state uses to figure CS. If you don't include that form, then you cannot complete the custody/child support action. If you want to deviate from that form, you have to do-so using VERY specific language ... "The presumed correct child support amount is deemed unjust and inappropriate..." ... and then give justifiable reasons for the deviation. If you don't do that, you cannot proceed with the action. In MY state, insurance costs are included in the CS calculation and are not addressed separately.

If you're not doing it EXACTLY right, the judge will not sign. A 'kit' will rarely do things EXACTLY right, and I have heard of several judges in my area who will NOT sign a 'kit' divorce no matter what.

Edited to add:

I just ran some numbers through a calculator located here: http://www.alllaw.com/calculators/Childsupport/Texas/

according to it, if you make $25K/year and insurance is paid by the custodial parent in the amount of $200/month, and there are 4 kids, your CS should be $929/month.

If you make more than that, it's going to be more than that. And insurance can only be included if it's CURRENTLY being paid for and at the amount that it currently costs. It can't be based on arbitrary numbers that y'all pulled out of thin air.

 

[frustratedtexan]

there are only 2 children... their ages are 10 and 15.... maybe that's not clear here, but it's in the papers. we are splitting the cost of the insurance, well i'm paying specifically for the kids... she is paying for her own...

 

[almost done]

That's actually more like 500.00 a month in child support. Which would be VERY low for three children.

according to it, if you make $25K/year and insurance is paid by the custodial parent in the amount of $200/month, and there are 4 kids, your CS should be $929/month..

there are only 2 children according to OP

 

[CJane]

there are only 2 children according to OP

I know. I have no interest in doing the leg work FOR the OP so I used arbitrary numbers for income and # of children. I linked him, he could figure out the correct amount on his own.

 

[frustratedtexan]

thanks for the figuring, and the link... i'm still trying to find someone who can help me in person....

 

[frustratedtexan]

the judge will not sign the papers until i have an attorney present, i am sure about it. Can he do that? and should i file a grievance against this judge to see if i can get a different judge to hear the case?

 

[CJane]

the judge will not sign the papers until i have an attorney present, i am sure about it. Can he do that?

Yes, if he feels that the agreement is not legal or is against public policy and also thinks that you're incapable of determining what WOULD be a legal document, he can refuse to sign until you have an attorney draw up the papers and make sure they meet standard.

and should i file a grievance against this judge to see if i can get a different judge to hear the case?

No.