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Establishing an order

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justastick

Junior Member
What is the name of your state? TX

The courts set up an order set up for child support and medical costs. An order was not set up to establish that he pay for half of child care costs. I was told any other expenses would be worked out between us.

Can I have an order set up stating he will pay for half of child care?
Who would I need to speak to?

If it's left up to work out between him I know half the time I won't see the money. I need something court ordered to ensure that he pays half reguarly.
 


mom22boyz

Member
Texas Family Code

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP

Chapter 154

§ 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:

(6) child care expenses incurred by either party in
order to maintain gainful employment;


As per the above statute, TX does grant child care expenses, but they are not included in the guideline amount. It appears that this must be ordered by the court as an additional amount, upon providing documentation of necessity. You stated that you were told all other expenses were to be worked out together. Did you specifically ask for child care expenses at that time and got that response?
 

justastick

Junior Member
No Help

I contacted the attorney generals office. I told them I was under the understanding that I could petition for help with child care costs beyond child support. They said that child support was all encluvise. What amount they set was all I would get.
 

mom22boyz

Member
"They said that child support was all encluvise."

Well did you look at the actual order? If there is an amount in the section listed something like "additional amounts" then maybe child care is already in your order.
 
TX Guidelines...

In TX, the NCP will generally pay a flat percentage of net income...20% for one child, 25% for two, 30% for three, etc.

The NCP pays this flat percentage regardless of the CP's income. So, if you hit the TX Lotto, your ex will continue to pay based on his income. If you decide not to work and have NO income, your ex will continue to pay his "fair" share. If your ex wins the Lotto, the child will benefit from a substantial increase in court ordered support.

A "rebuttable presumption" such as the above statute refers to speaks to extreme situations. A handicapped child, for example. It is unusual for TX courts to vary from the standard support guidelines.

Some of the standard suggestions:

1. Create a situation where child care is not an issue...Work while the child is at school, Work where the child can accompany you...Have Dad watch Jr. while you work.

2. Make more money...The more money you make, the less child care costs will impact your budget.

3. Encourage Dad to win the TX Lotto.
 

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