Additional factors to consider......texas

[usedstepmom]

TEXAS

What i§ 154.123. ADDITIONAL FACTORS FOR COURT TO
CONSIDER. (a) The court may order periodic child support
payments in an amount other than that established by the guidelines
if the evidence rebuts the presumption that application of the
guidelines is in the best interest of the child and justifies a
variance from the guidelines.
(b) In determining whether application of the guidelines
would be unjust or inappropriate under the circumstances, the court
shall consider evidence of all relevant factors, including:
(1) the age and needs of the child;
(2) the ability of the parents to contribute to the
support of the child;
(3) any financial resources available for the support
of the child;
(4) the amount of time of possession of and access to a
child;
(5) the amount of the obligee's net resources,
including the earning potential of the obligee if the actual income
of the obligee is significantly less than what the obligee could
earn because the obligee is intentionally unemployed or
underemployed and including an increase or decrease in the income
of the obligee or income that may be attributed to the property and
assets of the obligee;
(6) child care expenses incurred by either party in
order to maintain gainful employment;
(7) whether either party has the managing
conservatorship or actual physical custody of another child;
(8) the amount of alimony or spousal maintenance
actually and currently being paid or received by a party;
(9) the expenses for a son or daughter for education
beyond secondary school;
(10) whether the obligor or obligee has an automobile,
housing, or other benefits furnished by his or her employer,
another person, or a business entity;
(11) the amount of other deductions from the wage or
salary income and from other compensation for personal services of
the parties;
(12) provision for health care insurance and payment
of uninsured medical expenses;
(13) special or extraordinary educational, health
care, or other expenses of the parties or of the child;
(14) the cost of travel in order to exercise
possession of and access to a child;
(15) positive or negative cash flow from any real and
personal property and assets, including a business and investments;
(16) debts or debt service assumed by either party;
and
(17) any other reason consistent with the best
interest of the child, taking into consideration the circumstances
of the parents


We just went through a modification. I don't think any of this information was taken into consideration in the hearing. First of all, the custodial parent is not employed. I don't think her "non-income" was even considered. Second of all, her husband has free housing and no utilities with his job. Plus, my husband's daughter is so busy with her activities that we have not seen her but 2 weeks out of the whole year. She lives several hours away and it is impossible financially to travel to see her plus pay the child support, which has just increased. We do not want to force her to be with us, but we feel is very unfair that she just got an increase in cs, but she does not have to deal with visitation at all. Could we appeal the modification and bring all these factors to light? My husband does not want to try to get out of paying. He has paid faithfully for almost 17 years. He does have rights, but it seems he isn't getting to exercise any of these rights.

 

[ceara19]

TEXAS We just went through a modification. I don't think any of this information was taken into consideration in the hearing. First of all, the custodial parent is not employed. I don't think her "non-income" was even considered. Second of all, her husband has free housing and no utilities with his job. Plus, my husband's daughter is so busy with her activities that we have not seen her but 2 weeks out of the whole year. She lives several hours away and it is impossible financially to travel to see her plus pay the child support, which has just increased. We do not want to force her to be with us, but we feel is very unfair that she just got an increase in cs, but she does not have to deal with visitation at all. Could we appeal the modification and bring all these factors to light? My husband does not want to try to get out of paying. He has paid faithfully for almost 17 years. He does have rights, but it seems he isn't getting to exercise any of these rights.

In texas the income or non-income of the custodial parent has no bearing on child support. It is based ONLY on the NCP's income. The new husband's "job perks" also don't count, neither does his income.

If dad's not getting his court ordered visitation, take mom to court for contempt. The child's "activities" come 2nd to dad's visitation. If he chooses not to exercise his rights, that's his fault.

You have nothing to base an appeal on. The other factors you found are typically used only in extreme cases. For example, they could lower the amount if the NCP makes a huge amount of money (over the $6000 maximum per month for Texas). Also, they can raise the amount if the child spends more time with the CP than is standard (NCP doesn't visit, so the cp is supporting the child 100% of the time).

In your husband's case, his child support should be set at 20% of his income after federal tax, FICA, insurance, union dues, etc. If you and he have other children together that % would go down a little.

The child support statutes in Texas are very black & white, so there's not much your going to be able to do.

 

[usedstepmom]

so why is it listed in the Texas Family Code that these other factors can be considered? I understand what you are saying, but I am confused about the Family Code.

 

[ceara19]

They are exactly what the family code says, other factors that CAN be considered. They are not other factors that WILL be considered. The standard guidelines are applicable in 99% of cases. The additional factors are for those 1% of cases that don't fit into the standard. There are no unusual circumstances in your husbands case, so the additional factor don't apply.

 

[usedstepmom]

Thanks for the reply. Like I said, we are just looking for what's fair, and I guess it isn't fair.....evidently the law is not designed to be "fair". I know he has always done the right thing. I guess that should be enough. He is choosing not to exercise his rights, as you say, I guess because he is putting her before his own wants and needs, and that is what a true parent will do. Hopefully some day she will realize that. We do have other children to consider and all our energy shouldn't go into this situation because it isn't fair to them. Thank you for your input.