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going back to school and child support

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wyomom

Guest
Nebraska and Wyoming

I want to go back to school to finish working on my Master's so I can make a decent salary to support my children. How will this affect the child support I pay through the courts in Wyoming? How will this affect the child support I recieve in Nebraska? Will the courts say that I am capable to earn what I have in the past and not modify? All I want to do is increase my earning possibilities but it will be tight going while I do so. I will be able to work on and off while working on my degree but no steady income.
 


I AM ALWAYS LIABLE

Senior Member
wyomom said:
Nebraska and Wyoming

I want to go back to school to finish working on my Master's so I can make a decent salary to support my children. How will this affect the child support I pay through the courts in Wyoming? How will this affect the child support I recieve in Nebraska? Will the courts say that I am capable to earn what I have in the past and not modify? All I want to do is increase my earning possibilities but it will be tight going while I do so. I will be able to work on and off while working on my degree but no steady income.
My response:

Basically, a judge will congratulate you on your decision to go back to school, and have a big smile. But, that smile will turn to a frown real quick if your education gets in the way of his prior court orders and payment amounts.

The judge will say to you, "Great! If you can afford it, then by all means, do it. But, there are children out there that need the support that I ordered. If you can't pay what I ordered because of your schooling, then that's tough ! - - you go to school on your own time, and on your own dime - - but, you are NOT going to take one penny away from your children, and your obligation to follow my prior orders to the letter - - now, get out of my courtroom."

IAAL
 

sbaldwin

Member
IAAL, can you help me on this one? In TX, NCP is ordered to pay $615 a month for one child. CP has the child living in Government apts. where rent is only $100 - 175 a month. CP decides not to work so she can go to school "full time". Does she not have an obligation to add to the support of the NCP? Thanks!
 

sbaldwin

Member
In TX, NCP is ordered to pay $615 a month for one child. CP has the child living in Government apts. where rent is only $100 - 175 a month. CP decides not to work so she can go to school "full time". Does she not have an obligation to add to the support of the NCP? Thanks!
Can anyone help with this one? Does she have an "obligation" to contribute to the child's support?
 

haiku

Senior Member
you might want to post a new thread for your question...

But have you checked TX guidelines? did they consider her higher income originally? I know my state, they don't consider the CP income until it is over 15000.00. (cost allowance for being custodial) As long as she can support the child on her income and the support he is paying, the tx court MAY not take her lowering her income into affect, as she is still doing her part to support child..
 

sbaldwin

Member
Haiku, they didn't factor in any income for her when doing the CS. What I want to know is how can she be "doing her part to support the child" when the ONLY income she gets is from my husband? It just doesn't seem fair! The way I see it, my husband is contributing 100% of the support for their child. We have the child almost 50% of the nights. It sounds to me like he is paying for 100% of his ex's support also.:mad:
 

haiku

Senior Member
when you say 50% percent of the nights, do you mean you are splitting custody? Do you have shared custody? i don't know anything about Texas, but couldnt you modify for shared custody?

As far as financially supporting the child, like I said they do make allowances for the custodial parent, and the extra burden living in the home puts on them. As i stated in my states example they will minus 15000.00 and all daycare and ins. costs from the CP income BEFORE figuring the NCP's child support figure. This is of course only in the 'traditional" joint legal, physical custody with one parent arrangements. In cases of shared physical custody the burden is more evenly split between parties.

now i thankfully, have a husband who's ex, though a real "winner" does work at a decent job besides receiving support. so a bit of her income does get counted. but even if it wasnt (and really it doesnt as she only makes over the 15000.00), or she sat on her butt, I look at it this way...

We don't feel guilty or mad at what she decides to do with her money, we pay a nice amount of support in full and on time every month. If she chose to live on just that amount and 'live" off of us, more power to her! I would want to know her secrets- I know we couldnt live of that amount and would get really bored pretty fast!(and be homeless OR hungry OR carless to boot!) And being as my husband already pays the full legal amount of support she couldnt get any more out of him for us to even worry about. (kind of like "oh you can't make it on support only? well hand em over!" put a stop to THAT in a hurry I tell ya!) Our 50% is financial her 50% is using and contributing to our 50% for the roof over thier heads, including food and clothing etc....

As far as shoe being on the other foot, unless my husband suffered a huge cutback (and he has in the past for a long enough period where he was granted a deduction, he now pays 2/3 of what the original order was, which made ex mad, but he proved his income was steady at that correct rate even when he was paying too much) we are always going to be paying what we are paying, it goes out of the house first just like taxes LOL! not part of my budget at all in our house it is income after support not income after taxes! If my husband wanted to go back to school, he would have to do it in a way that we could afford all our debt....
 

sbaldwin

Member
Thanks again! They have joint with her having primary physical. We plan to get a lawyer in June to go for a modification. We will try to get it modified due to our new twins, and the amount of time his son is with us!
 
T

txkowgirl6

Guest
sbaldwin, Tx goes on a percentage rate of NCP's income. 20% of one child after insurance and regular deductions. You can also get a slight modification for your new children, not much 2% for each. If you are going back to court anyway I would document all time spent with the child and what she spends also. If you are in a decent county they may change it for you. The problem with Texas is alot is done on the judge's whim and mood of the day. Good Luck to you
 

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