What Amount of Child support am I liable for?

[confuseddad_tx]

What is the name of your state? Texas

In a preliminary divorce hearing I was granted custody of 2 children by a judge. Judge order that I should pay $353 each month for other child staying with mom. One child that was supposed to live with me put up such a fuss (probably because she was brain washed my mom and relatives) that I decided to let her stay. Wife and I agreed that I would pay $650 per month. Papers were drawn up and I signed, but she called 1 night and said that she was not going to sign. Papers state the $650 amount, but since she is refusing to sign I want to know if I am liable for the full $650 amount (as stated in the papers) or the $353 amount as ordered by the judge. Must let you know that she is very vindictive and has 1) threatened to take the house from me 2) threatened me with bodily harm 3) popped her on child in the mouth during Christmas visit 4) threatened my sister with bodily harm and 4) has gone so far as to tell my parents how they should spend their money on her children.

 

[VeronicaLodge]

you are only obligated to pay what you are ordered to pay until the order is changed.

why are you letting the child that was ordered to you stay with this woman?

 

[confuseddad_tx]

Child Support

you are only obligated to pay what you are ordered to pay until the order is changed.

why are you letting the child that was ordered to you stay with this woman?

Because the child said she was getting upset to her stomach having to move from her new friends. I am guessing mom and relatives brain washed the child until she was sick to her stomach. So out of the goodness (or stupidty) of my heart I let her stay. Turns out that seems to be a huge mistake because mom goes out drinking when she can or goes over to a guy's house (and takes the child) where there is porn everywhere and hardly spends any quality time with the child (fact we brought up in the hearing). Since I have let her stay she has had in school suspension 2 times (1 time for 4 weeks) and has threatened to kill herself.

 

[qurice]

Only pay what has been ordered.

In the meantime, you need to get your daughter some counseling.

 

[confuseddad_tx]

Daughter Getting Counseling

Only pay what has been ordered.

In the meantime, you need to get your daughter some counseling.

Mom is taking daughter to counseling so that is not a problem. Child is still being carried under my insurance plan. Not sure if I have to carry her, but I do.

Fun part will be when I only send her what is ordered and then she wants half my 401k (which she said she would not touch and even put in an e-mail sent to lawyers). Bigger issue arises though; if she gets half my 401k (which in Texas she is legally entitled to) I am also entitled to half of hers and when she withdrew it all she spent it all including my half.

 

[qurice]

Mom is taking daughter to counseling so that is not a problem. Child is still being carried under my insurance plan. Not sure if I have to carry her, but I do.

Awesome.

Fun part will be when I only send her what is ordered and then she wants half my 401k (which she said she would not touch and even put in an e-mail sent to lawyers). Bigger issue arises though; if she gets half my 401k (which in Texas she is legally entitled to) I am also entitled to half of hers and when she withdrew it all she spent it all including my half.

She can want it all day long, but it doesn't mean she'll get it. Make sure you make it aware that she spent all hers and request that what would have been your half get's taken into account.

Also, even if both children were residing with mom and CS was ordered that way she would not get $650. By guideline she would only get another 5% or youre net income for the 2nd child. If you are trying not to rock the boat, run calculations based on the current findings to see what you'd have to pay for both children, and just give her that.

 

[confuseddad_tx]

Child support Payments

She can want it all day long, but it doesn't mean she'll get it. Make sure you make it aware that she spent all hers and request that what would have been your half get's taken into account.

Also, even if both children were residing with mom and CS was ordered that way she would not get $650. By guideline she would only get another 5% or youre net income for the 2nd child. If you are trying not to rock the boat, run calculations based on the current findings to see what you'd have to pay for both children, and just give her that.

Here is the deal though and I could not figure it out either. My Insurance for me and the 3 kids is $268 per month. If just me and 1 child it would be only like $195. I make between 70k and 80k per year so my lawyer said that with my salary and paying for 2 kids it would be like $831 per month not sure what really happened but after he ambushed my wife and brought up my insurance dollars the judge gave me 2 kids and ordered me to pay $353. Like I said she is vindictive and that is when she started calling me at work and basically threatening to take my daughter (her bio daughter and my adopted daughter who does not want to live with her mom) the house and my 401k. I have even brought this to the attention to my lawyer. Found out last week that the daughter I was supposed to get but decided to let stay with her mom was recently taken to a tattoo place while her mom got a tattoo and the daughter also told me that her mother lets her drink.

 

[VeronicaLodge]

Because the child said she was getting upset to her stomach having to move from her new friends. I am guessing mom and relatives brain washed the child until she was sick to her stomach. So out of the goodness (or stupidty) of my heart I let her stay. Turns out that seems to be a huge mistake because mom goes out drinking when she can or goes over to a guy's house (and takes the child) where there is porn everywhere and hardly spends any quality time with the child (fact we brought up in the hearing). Since I have let her stay she has had in school suspension 2 times (1 time for 4 weeks) and has threatened to kill herself.

so get her back, you are her father and by letting her be in that environment you are not protecting her! and the court gave you custody, go get her.

 

[qurice]

Here is the deal though and I could not figure it out either. My Insurance for me and the 3 kids is $268 per month. If just me and 1 child it would be only like $195. I make between 70k and 80k per year so my lawyer said that with my salary and paying for 2 kids it would be like $831 per month not sure what really happened but after he ambushed my wife and brought up my insurance dollars the judge gave me 2 kids and ordered me to pay $353.

Check the statutes on how to calculate the insurance costs and how they get credited. There was some changes made late last year that more clearly outline how to calculate the insurance costs for the children.

http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm

 

[confuseddad_tx]

Child Support For Last Name

Check the statutes on how to calculate the insurance costs and how they get credited. There was some changes made late last year that more clearly outline how to calculate the insurance costs for the children.

http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm

Two new twists have just turned up in this little soap opera. First twist is over the weekend she moved. She is still in the same area of town, but I do not know which street or even the address. Kind of hard to visit kids or even send child support check when she is not at the address stated in the court records. Second twist is I adopted all 3 children in 2002 and we had the last name on the birth certificate changed to have my last name. Recently found out (about 2 weeks ago) that the kids with her have been enrolled in school under their old last name. Is this legal? Is it just me or does it seem wrong to only use my last name to make me pay child support? Seems like if she is not going to use it to enroll them in school then she should not be able to use it to make me pay child support.

 

[qurice]

Two new twists have just turned up in this little soap opera. First twist is over the weekend she moved. She is still in the same area of town, but I do not know which street or even the address. Kind of hard to visit kids or even send child support check when she is not at the address stated in the court records. Second twist is I adopted all 3 children in 2002 and we had the last name on the birth certificate changed to have my last name. Recently found out (about 2 weeks ago) that the kids with her have been enrolled in school under their old last name. Is this legal? Is it just me or does it seem wrong to only use my last name to make me pay child support? Seems like if she is not going to use it to enroll them in school then she should not be able to use it to make me pay child support.

Yes that stinks, but you are still their "legal" father regardless of what names they are using and still obligated to pay. The school year is almost over. Personally, I would wait until school starts up again to address it.

Are you ordered to pay her directly? If she's moved and you're concerned about her not getting the checks, you might want to consider getting the OAG to accept the payments and dispurse them on your behalf. Dealing with them is a hassle, but it's beneficial to you to show that you've been paying as ordered.

 

[confuseddad_tx]

Yes that stinks, but you are still their "legal" father regardless of what names they are using and still obligated to pay. The school year is almost over. Personally, I would wait until school starts up again to address it.

Are you ordered to pay her directly? If she's moved and you're concerned about her not getting the checks, you might want to consider getting the OAG to accept the payments and dispurse them on your behalf. Dealing with them is a hassle, but it's beneficial to you to show that you've been paying as ordered.

I have been paying her directly. Usually when I go to visit my parents I will drop the check off at her parents house which is were she was staying. Now I am concerned that if I do that she will say she did not get it and then tell judge that I did not pay and my only recourse would be is that she moved and she did not give me a new address, which I do not think he will like that as an answer, but the papers that are written state that she if she moves she is supposed to notify me so while I am trying to follow the papers and not get busted for contempt she appears to be following the parts that will suit her and get me screwed if I do not follow them.

 

[Zigner]

The school year is almost over. Personally, I would wait until school starts up again to address it.

Bad...no, terrible advice. If OP waits until school starts up again, he is already behind by at least a month.

OP - Start the process now (if you are going to fight it)

 

[confuseddad_tx]

Bad...no, terrible advice. If OP waits until school starts up again, he is already behind by at least a month.

OP - Start the process now (if you are going to fight it)

Well, I am planning on fighting it because to me it just seems unethical to use my last name for child support, then enroll them in school under a different last name, and then move and not tell me what the address is. I have sent a letter to the Principals of each of the kids schools and the superintendent of their school district to 1) find out if that is truly what she did (and I know it is because I saw one of their school IDs and it does not have my last name on it) and 2) to let let them know what is going on. I have sent an e-mail to my lawyer to find out what can be done, but I think he is in court today.

 

[qurice]

Bad...no, terrible advice. If OP waits until school starts up again, he is already behind by at least a month.

OP - Start the process now (if you are going to fight it)

Yeah, you are right. What I meant was that it's too late to change it for this year. If he can get it addressed over the summer hopefully it will be worked out when it's time to get registered for next year.

Good catch Zinger!