Incorrect information on the forum

[Ohiogal]

First had I been at a 2nd grade party all day I would be hopped up on liquor
All I am trying to say is how is he legally Required to support those children? What if he was a dead beat dad and didn't have a job or only one that paid for the CS he is ordered to pay and new wife is fine with that. How can the courts take inoto account waht he pays for his other children unless they also take inot account how much his wife makes, which unless the laws are different in TX they won't calculate spouses income fore CS.

I am fully aware I'm a lowly member I just am not able to wrap my brain around this one.

I didn't get to post on the other thread as it was closed by the time I got around to it HOWEVER he is legally required to support his child who are in his household IN ADDITION to those he has a support order for (both the children of the instant case of children of other cases). Chynna is correct actually. She may be a newbie but she is right on that point. I will argue with her on the other threads where she is wrong.

When parents have more children -- parents that are together, they reshuffle their budget and the first child gets less as well in those cases. And no one gripes about that. Should we pass a law that states you can only have one child unless your salary increases in proportion to the support obligation? No one would have more than one child then.

 

[my life is mine]

My question in reference to this would be then, if NCP has an order in TX and remarries and has more children with second wife, would not second wifes income be calculated into help for second children, so making it more money he has available?

Example of what I am asking

NCP makes 30,000.00 a year (CP income is not included in TX in reference to child support)

NCP spouse makes 30,000.00 a year

They have 1 more child.

Court order is based on NCP making his salary, now NCP wants to reduce that amount since he has another child living at home.

So would courts order his reduction based on his spouse can help support their child together with her salary. So instead of his salary amount being reduce 17% for second child per say, it would be reduce 8.5% which is half. So second calculation would be based on a salary of 28,236.00 instead of 26,471.00.

 

[my life is mine]

PS: Kudos to Wileybunch who was right.

And Zephyr brought up an excellent issue: no one resides in Tx now.

The Tx order remains the controlling order, but Tx doesn't have jurisdiction. (Military members may try to keep residency in their 'home state', but it causes problems in voting, etc.)

The AL (?) Obligee should see her local IV-D agency & they will send her support order to the OP's state (VA?) for registration, enforcement (and leter, modification under VA law) & VA will become the court of continuing exclusive jurisdiction under UIFSA (Uniform Interstate Family Support Act). [The Court has to make a finding of which court has CEJ)

Conversely, the Obligor can seek the services of his IV-D agency and they will send the order to Al for registration & enforcement & later modification under Alabama law who will then have CEJ.

Please explain why TX would not have jursidiction, if jursidiction has never been changed?

Just because your military that does not mean your child support order is going to change states every time you get new orders. If that were the case, alot military member would probably be asking for orders in states with the lowest cost of living so that their support orders would be less.

What a mess that would be, I mean each time orders changed they would have to go to court and get child support reset in accordance to new states laws governing child support, then have to have paperwork submitted to DFAS for automatic pay reductions (allotments or garnishments) and if you have ever dealt with DFAS you would not want to do that more often than you really have to. Sometimes orders are for a year especially overseas unaccompanied orders, so what then?

I can tell you what really happens normally with military members, is a child support order is set in state or divorce or child lives, and normally stays there. Sometimes a order is registered in another state, but still goes through original state, so you pay say VA in case listed, then they send it to TX, they CP parent receives it and if that parent has registered their order in a yet different state then it goes to their CSEA office to disburse. What a mess, a payment could go missing very quickly in that areana of offices, and CP would not get monies that perhaps are actually needed and NCP could wind up in arrears in a state (say like TX who would be middle guy here), maybe it never makes it from VA to TX, then it does not make it to 3rd state, so NCP is considered in arrears in 2 states, not a good thing. Easiest way, order stays in state of origin, they receive monies from military member, NCP, and disburse to CP.

 

[chynna1502]

My question in reference to this would be then, if NCP has an order in TX and remarries and has more children with second wife, would not second wifes income be calculated into help for second children, so making it more money he has available?

Example of what I am asking

NCP makes 30,000.00 a year (CP income is not included in TX in reference to child support)

NCP spouse makes 30,000.00 a year

They have 1 more child.

Court order is based on NCP making his salary, now NCP wants to reduce that amount since he has another children at home

So would courts order his reduction based on his spouse can help support their child together with her salary. So instead of his salary amount being reduce 17% for second child per say, it would be reduce 8.5% which is half. So second calculation would be based on a salary of 28,236.00 instead of 26,471.00.

Nope, in Texas they dont figure in anyone's income but the NCP. I can repost the calcuation from the texas family code if you want, but it is cut and dry in Texas.

 

[chynna1502]

Please explain why TX would not have jursidiction, if jursidiction has never been changed?

Just because your military that does not mean your child support order is going to change states every time you get new orders. If that were the case, alot military member would probably be asking for orders in states with the lowest cost of living so that their support orders would be less.

What a mess that would be, I mean each time orders changed they would have to go to court and get child support reset in accordance to new states laws governing child support, then have to have paperwork submitted to DFAS for automatic pay reductions (allotments or garnishments) and if you have ever dealt with DFAS you would not want to do that more often than you really have to. Sometimes orders are for a year especially overseas unaccompanied orders, so what then?

I can tell you what really happens normally with military members, is a child support order is set in state or divorce or child lives, and normally stays there. Sometimes a order is registered in another state, but still goes through original state, so you pay say VA in case listed, then they send it to TX, they CP parent receives it and if that parent has registered their order in a yet different state then it goes to their CSEA office to disburse. What a mess, a payment could go missing very quickly in that areana of offices, and CP would not get monies that perhaps are actually needed and NCP could wind up in arrears in a state (say like TX who would be middle guy here), maybe it never makes it from VA to TX, then it does not make it to 3rd state, so NCP is considered in arrears in 2 states, not a good thing. Easiest way, order stays in state of origin, they receive monies from military member, NCP, and disburse to CP.

MOST military persons, keep thier home state as primary residence. They certainly dont change to everwhere they move or even to Germany etc. My husband is ex-military and he always kept Texas as his home state even during moves. They just vote absentee.

I think garrula lingua was stating though they might not have juristiction if the military person changed home states..but I wont speak for exactly what garrula lingua was saying...that is the way I took it.

 

[my life is mine]

chynna, I know military and the home state rules, so you do not have to explain it to me, have over 20 years of experience with them and with DFAS and the laws concerning, seperation, divorce and retirement.

 

[my life is mine]

Nope, in Texas they dont figure in anyone's income but the NCP. I can repost the calcuation from the texas family code if you want, but it is cut and dry in Texas.

I do not think you understand what I am asking.

 

[chynna1502]

I do not think you understand what I am asking.

I do understand what you are saying, the % is based only on the NCP. They dont care/ask consider the fact that there is another income in a household to support "the other" children. If you go look at the family code (which was posted here) it is very clear. Nothing but the NCP's $ is consider in the % number.

 

[Ohiogal]

I do understand what you are saying, the % is based only on the NCP. They dont care/ask consider the fact that there is another income in a household to support "the other" children. If you go look at the family code (which was posted here) it is very clear. Nothing but the NCP's $ is consider in the % number.

And if the couple is living together then there is NOT an NCP. Hence while he legally has the obligation of support there is not a support order. What happens is the obligor gets a credit in an amount determined by law for those subsequent children.

 

[Perky]

My question in reference to this would be then, if NCP has an order in TX and remarries and has more children with second wife, would not second wifes income be calculated into help for second children, so making it more money he has available?

Example of what I am asking

NCP makes 30,000.00 a year (CP income is not included in TX in reference to child support)

NCP spouse makes 30,000.00 a year

They have 1 more child.

Court order is based on NCP making his salary, now NCP wants to reduce that amount since he has another child living at home.

So would courts order his reduction based on his spouse can help support their child together with her salary. So instead of his salary amount being reduce 17% for second child per say, it would be reduce 8.5% which is half. So second calculation would be based on a salary of 28,236.00 instead of 26,471.00.

Child support in Texas is a percentage of NCP's income. It is not based on an income shares model. If the CP's income is not figured into the child support obligation for NCP, then why would NCP's spouse's income be considered?

Also, the income used for calculation is not decreased by 17%. The percentage of his income that is ordered for child support changes from 20% of his income to 17.5%. With a net income of $30,000, the NCP would owe $6000 with no other children. With one other child, NCP's obligation decreases to $5250.

One other thing with regard to NCP having more and more children, is that the percentage decrease for each child is not 2.5%. That is, if he has 2 other children, the amount owed is not 15% of his income. It will be 16%. With each additional child, the percentage owed changes by a smaller and smaller percentage. (I know that wasn't your question, but it came up earlier.)

The Texas worksheet is a .pdf file, but here is a link to the cached file. Hope it works!

http://74.125.95.132/search?q=cache:SAiTuc7L8M4J:http://www.co.travis.tx.us/records_communication/law_library/pdfs/calculator.pdf+texas+child+support+calculator&hl=&ct=clnk

 

[my life is mine]

Child support in Texas is a percentage of NCP's income. It is not based on an income shares model. If the CP's income is not figured into the child support obligation for NCP, then why would NCP's spouse's income be considered?

In reguards to subsequent child/ren would not they look at what the other person (parent) in home is making?

I do not think maybe I am explaining what I am trying to figure out correctly...

Maybe, Jack and Jane have a child and divorce, Jane gets 20% of Jack's income when they divorce for child support.


Jack remarries to Mary, they have a child, both Mary and Jack work, but are looking for a reduction of Jack's child support obligation.

So Jack goes back to court with Jane for this reduction, would the Judge say okay Jack since Mary is working she is helping support your child at home, you will not get a full reduction as if a child ages out, you will get a partial reduction, as Mary can also support the child in your home (no numbers are needed from Mary)

 

[my life is mine]

And if the couple is living together then there is NOT an NCP. Hence while he legally has the obligation of support there is not a support order. What happens is the obligor gets a credit in an amount determined by law for those subsequent children.

okay so it is not as like if there is a support order amount and it is a percentage, it will be up to the discretion of Judge??

 

[chynna1502]

okay so it is not as like if there is a support order amount and it is a percentage, it will be up to the discretion of Judge??

You really should look at the other posts, it clear states the %'s. It is a set amount. There is a pdf that was posted that has a calc on it, that shows how it is figured out.

 

[my life is mine]

I did chynna, that is why I question it. In other states, that percentage rate means nothing for a person who is remarried and has children at home that there is no legal court order for support.

 

[chynna1502]

I did chynna, that is why I question it. In other states, that percentage rate means nothing for a person who is remarried and has children at home that there is no legal court order for support.

Well that was clearly explained at the very start of this, it is why this was newly posted. This is how Texas does it.....ALL Children of the NCP can be "counted" when they are before the court for child support amount. The %'s are in the PDF.