does over time count on cs

[wichitafalls1]

What is the name of your state? tx

does over time count toward child support? one of the employees was complaing to the sectary at my stbx's office, that they took a % of his overtime and applied it to his child support, i was just wondering if that was right, because i know my stbx will not want to give up his over time for anyone?

 

[OhReally?]

What is the name of your state? tx

does over time count toward child support? one of the employees was complaing to the sectary at my stbx's office, that they took a % of his overtime and applied it to his child support, i was just wondering if that was right, because i know my stbx will not want to give up his over time for anyone?

Is the OT a regular occurrence? Or was it a special circumstance beyond his control (i.e. layoffs, mandated, etc)?

 

[Zigner]

The child support garnishment will apply to ANY wages paid, regular or overtime (or vacation or bonus, etc). It will be a percentage of the total check, up to a maximum percentage (per your state's guidelines), up to the total amount due that month.

 

[wichitafalls1]

he has gone from salary back to hourly wages, he works out in the field and over time is a regular occurance, and it is offer to anyone who will show up.

 

[jslopez711]

What is the name of your state? tx

does over time count toward child support? one of the employees was complaing to the sectary at my stbx's office, that they took a % of his overtime and applied it to his child support, i was just wondering if that was right, because i know my stbx will not want to give up his over time for anyone?

Yes, overtime pay is included to support the child. Here is the code.


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


§ 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, § 1, eff. April 20, 1995.


§ 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,
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; or
(3) benefits paid in accordance with aid for families
with dependent children.
(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; and
(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.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 363,
§ 1
(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.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 620,
§ 1
(e) In calculating expenses for health insurance coverage
for an obligor's 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.

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

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 363, § 1, eff. September 1,
2007.
Acts 2007, 80th Leg., R.S., Ch. 620, § 1, eff. September 1,
2007.


§ 154.063. PARTY TO FURNISH INFORMATION. The court
shall require a party to:
(1) furnish information sufficient to accurately
identify that party's net resources and ability to pay child
support; and
(2) produce copies of income tax returns for the past
two years, a financial statement, and current pay stubs.

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

 

[jslopez711]

The child support garnishment will apply to ANY wages paid, regular or overtime (or vacation or bonus, etc). It will be a percentage of the total check, up to a maximum percentage (per your state's guidelines), up to the total amount due that month.

That would be 20% if it's the only kid. If dad has another kid then it's 17.5% and so on until it reaches 14% here in TX.

 

[wichitafalls1]

we have two kids, he has a 16 yr old from a previous marriage but was order not to pay child support, his parents are her legal guardins. but his lawyer is trying to get a reduction because of her. he has never paid for her, she has been with them since age 2.

 

[jslopez711]

we have two kids, he has a 16 yr old from a previous marriage but was order not to pay child support, his parents are her legal guardins. but his lawyer is trying to get a reduction because of her. he has never paid for her, she has been with them since age 2.

Well, here are the guidelines. If he is not paying c/s for the other kid then she/he would not apply as "credit" (read below the guidelines) in order for a break.

Enjoy.

CHILD SUPPORT GUIDELINES

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child 20% of Obligor's Net Resources
2 children 25% of Obligor's Net Resources
3 children 30% of Obligor's Net Resources
4 children 35% of Obligor's Net Resources
5 children 40% of Obligor's Net Resources
6+ children Not less than the amount for 5 children



*****************************************************
§ 154.128. COMPUTING SUPPORT FOR CHILDREN IN MORE THAN
ONE HOUSEHOLD. (a) In applying the child support guidelines for
an obligor who has children in more than one household, the court
shall apply the percentage guidelines in this subchapter by making
the following computation:
(1) determine the amount of child support that would
be ordered if all children whom the obligor has the legal duty to
support lived in one household by applying the schedule in this
subchapter;
(2) compute a child support credit for the obligor's
children who are not before the court by dividing the amount
determined under Subdivision (1) by the total number of children
whom the obligor is obligated to support and multiplying that
number by the number of the obligor's children who are not before
the court;
(3) determine the adjusted net resources of the
obligor by subtracting the child support credit computed under
Subdivision (2) from the net resources of the obligor; and
(4) determine the child support amount for the
children before the court by applying the percentage guidelines for
one household for the number of children of the obligor before the
court to the obligor's adjusted net resources.
(b) For the purpose of determining a child support credit,
the total number of an obligor's children includes the children
before the court for the establishment or modification of a support
order and any other children, including children residing with the
obligor, whom the obligor has the legal duty of support.
(c) The child support credit with respect to children for
whom the obligor is obligated by an order to pay support is
computed, regardless of whether the obligor is delinquent in child
support payments, without regard to the amount of the order.

 

[wichitafalls1]

thank you, our whole family or his side was mad that he would get credit for his oldest, when he has done nothing for her. she was mad that he would use her to take away from her little brother and sister. i told her they would be fine, that i would take care of them. but i was mad that if he gets credit for her, she would never get it, i want her to get that money instead of the new gf or the bar. sorry that was rude.

 

[jslopez711]

thank you, our whole family or his side was mad that he would get credit for his oldest, when he has done nothing for her. she was mad that he would use her to take away from her little brother and sister. i told her they would be fine, that i would take care of them. but i was mad that if he gets credit for her, she would never get it, i want her to get that money instead of the new gf or the bar. sorry that was rude.

In TX, the other kid's mother can go back to get at least 5 years in arrears for the 16 year-old. Heck, the statue of limitations is 21. --And it shouldn't be too hard!

 

[wichitafalls1]

my in-laws are actually my step-daughters legal guardins, it was order in stbx's first divorce that he or his ex-wife wouldn't be order to pay child support and no visitation was set up, they have been allowed to see her whenever they want or when my step daughter wants. she did live with us from nov.2007 till june of 2008, i have tried to help anyway i could with her, just by giving my mother law any help she needed. my step daughter is type 1 diabtic and i would stay with her at the hostipal or whatever my mother in-law needed. my stbx would not show up or ask why he should be there, my father in-law would watch our two so i could stay with her and give a hand. her mother lives in CA but is here whenever her daughter needs her, they have a best friend relationship more than mother/child but it works for them and her mother knows what her ex in-laws have done for her daughter, her mother and i get along great, we have become friends over the years. but my stbx is mad at everyone about his daughter that she was taken away from him,(even though he signed the papers giving her to his parents) but when we got the catch to have her, he was still doing his running around and it was my "job" to raise her. he argues with her like he is her brother and is very jealous of her, when she got her first car last year, he believed it should of been his company car, he evens competes with her in sports, if he is better than her or not. sorry went in the wrong direction. my step-daughter is well taken care of and does not have to worry about money in any for my in-laws are older and their house is paid for and my father in-law owns a business that has been around for over 30 years, her college is paid for and she will be taken care of, but he gets credit for her. please, give me a break?

 

[texastepmom]

i'm confused about this... my husband has a child support order from texas, it states a specific dollar amout to be witheld every pay period, not a percentage. the percentage was used to set up the dollar amount - there is a break down for the specific amount to be witheld if he is paid once a month, every other week or bi-monthly.

is this guys support order written as a percentage or a specific dollar amount?

OP - when you set up the order the state will most likely ask for the last few paystubs and past w-2's to figure out how much CS he will pay. my husband got a large yearly bonus, his ex was asked to choose if she wanted a percentage of the bonus every year, or if that number should be put into his overall compensation so she would get more month to month. i don't know if they could ask for that to apply to overtime or not.

 

[wichitafalls1]

right now he has a certain amount but it for our temp. orders, we have not got to our final, he is to pay 500. a month in child support and our mortgage payment each month until we get to the point of our final. i am just asking to be prepared, my step-daughter was brought up during the temp order discussions. i also checked yesterday and his over time does count toward cs, they take the % of what is to be paid in cs from the total of the check, over time is a standard at the their company.