intentional umemployment

[Inquiry123]

The cs has not been modified since 94, but my husband took a large paycut in 98 but didn't file for a decrease in cs...So basically she never has to deal with visitation, works and doesn't work whenever she feels like it and sicks the ag's office on my husband when she feels she needs more income.

USM:

I'm a NCP, so I "feel your pain". I have been through a support modification in TX (not through the AG's office, but with an attorney in court.)

In TX, the parties can request an administrative review of support every 3 years. She can do it. So could your husband have in '98. If he is still making less than before, the support amount could actually be lowered .

As ceara19 inferred, the vast majority of support determinations in TX are made using the standard guidelines (20% NCP net income for 1 child, etc.) CP income is rarely ever taken into consideration. It doesn't matter if the CP is making $0 or $50K...the court will only consider the NCP's income.

 

[usedstepmom]

The AG's office won't do anything unless a parent is seriously delinquent in paying child support. Is your husband still overpaying? What's the deal with that?

He overpaid several years ago. It was before we were married. It was done through his employment. I'm not sure how it happened, but in 2003 the AG's office sent us a form so we could request a refund of the overpayment or have it credited toward his future obligation.

 

[usedstepmom]

USM:

I'm a NCP, so I "feel your pain". I have been through a support modification in TX (not through the AG's office, but with an attorney in court.)

In TX, the parties can request an administrative review of support every 3 years. She can do it. So could your husband have in '98. If he is still making less than before, the support amount could actually be lowered .

As ceara19 inferred, the vast majority of support determinations in TX are made using the standard guidelines (20% NCP net income for 1 child, etc.) CP income is rarely ever taken into consideration. It doesn't matter if the CP is making $0 or $50K...the court will only consider the NCP's income.

He is making more, but we have 2 children, which lowers the percentage to 16% instead of 20%.

 

[Inquiry123]

The spin stops here.
The child support division is simply UNDER the supervision/direction of the Office of the AG. It's like in many states, the child support division is under the supervision of the Department of Jobs/Family Services, for example. It's NOT the AG office who personally handles it.

Your kidding me, right?

The Child Support "division" is a "division" of the Office of the Attorney General in TX. That's why every letter from Child Support Enforcement comes on the AG's letterhead.

Or by "UNDER" are you referring to the floor of the building they're located on?!

 

[Inquiry123]

He is making more, but we have 2 children, which lowers the percentage to 16% instead of 20%.

Correct. As long as the 2 add'l kid's are your husband's bio-kids or adopted children.

And the 4% difference could mean a lower support obligation for Dad. I certainly hope so.

 

[ceara19]

First of all, to those who feel as though I do not know what I am talking about, YES I do. I live in Texas. I have been through a divorce in Texas. I have been through modification hearings, both directly through the court and through the AG's office. I also attended Law School in Texas.

In the state of Texas the CP's income is NOT a factor in setting CS. In extreme cases a Judge has the authority to take it into consideration. (For example, the CP won 10 million in the lottery and the NCP is earing minimum wage, the Judge CAN take that into consideration and deviate from the standard %.) A Judge can also uae the time the child/ren spend with each parent as a factor when setting the support. CP & NCP actually EACH have the child/ren 50% of the time the Judge may order a lower percentage. It also works the other way. If the NCP NEVER sees the child/ren, they can order a higher percentage. I have rarely seen cases where this has been done.

Also, over the last 18 months the TX AG's office has been centralizing all payments so that they go through the Child Support Division. They are going county by county and review cases that are in arrears so they have been very slow getting it done. Unfortunatly, they are "giving" thier services to any parent owed back CS, whether they want it or not. They are also using some very shady tactics to try and make the books look good at the end of the year and screwing over a lot of kids in the process, but this is a "red" state in the middle of the bible belt so it's all about the bottom line.

So, in short.....it doesn't make a bit of difference if the CP lives on welfare or in a mansion, CS in TX is based on a standard % of the NCP's income. Whether it's FAIR or not is beside the point.

 

[betterthanher]

Your kidding me, right?

The Child Support "division" is a "division" of the Office of the Attorney General in TX. That's why every letter from Child Support Enforcement comes on the AG's letterhead.

Or by "UNDER" are you referring to the floor of the building they're located on?!

I'd spend more time educating yourself on the intricacies of the Governor instead of being a smarta**. Or trying to be one, I should say.