Court Question

[hollidaz1984]

What is the name of your state (only U.S. law)? TX

I filed for divorce from my common-law husband on 9-14-11 and we have a daughter together. As far as my attorney knows he doesn't have an attorney. Can he fight how much he pays in child support for our daughter since he has a son from a previous relationship whom he has custodial custody of? He also does not receive child support for that child, nor does he pay child support for his son.

Since he does not have an attorney does that mean that court can be rescheduled to another day and temporary orders won't be in place?

 

[Zigner]

What is the name of your state (only U.S. law)? TX

I filed for divorce from my common-law husband on 9-14-11 and we have a daughter together. As far as my attorney knows he doesn't have an attorney. Can he fight how much he pays in child support for our daughter since he has a son from a previous relationship whom he has custodial custody of? He also does not receive child support for that child, nor does he pay child support for his son.

Since he does not have an attorney does that mean that court can be rescheduled to another day and temporary orders won't be in place?

These are excellent questions for your attorney...

 

[mistoffolees]

What is the name of your state (only U.S. law)? TX

I filed for divorce from my common-law husband on 9-14-11 and we have a daughter together. As far as my attorney knows he doesn't have an attorney. Can he fight how much he pays in child support for our daughter since he has a son from a previous relationship whom he has custodial custody of? He also does not receive child support for that child, nor does he pay child support for his son.

Other children shouldn't affect CS. TX uses a flat percentage of income.
Texas Child Support Calculator - AllLaw.com

Since he does not have an attorney does that mean that court can be rescheduled to another day and temporary orders won't be in place?

In theory, it could be rescheduled whether he has an attorney or not.

 

[stealth2]

Other children shouldn't affect CS. TX uses a flat percentage of income.
Texas Child Support Calculator - AllLaw.com



In theory, it could be rescheduled whether he has an attorney or not.

Actually... if you read down to section Sec. 154.123. ADDITIONAL FACTORS FOR COURT TO CONSIDER., having custody of another child could be a factor in deviating from the guideline amount.

FAMILY CODE  CHAPTER 154. CHILD SUPPORT

 

[mistoffolees]

Actually... if you read down to section Sec. 154.123. ADDITIONAL FACTORS FOR COURT TO CONSIDER., having custody of another child could be a factor in deviating from the guideline amount.

FAMILY CODE**CHAPTER 154. CHILD SUPPORT

Thanks for the information. I guess the online calculators are too simple.

OP should look at the link you've provided and search for Section 154.129.

 

[hollidaz1984]

Thanks for the information. I guess the online calculators are too simple.

OP should look at the link you've provided and search for Section 154.129.

Thank you for your information. Have a great day.