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blt626

Junior Member
What is the name of your state?What is the name of your state? Texas

My Husband has two children from previous relationships and is currently paying child support to both mothers. Total together for both children, they are taking half of his paycheck. We have four children and as you know childcare is expensive. He has had to quit his job several times because after child support was taken out, there wasn't enough to cover childcare for both of us to work. Off and on for the last five years this has happened, so there are periods of time, maybe 4-6 months at a time that he could not pay. He has been looking for employment where he knows that he can afford child support and childcare, so he can not take just any job. He recently started working and paying support again. How do we go about getting the percentage adjusted so he's not coming home with no money after a 60 hour work week? Also is there a way to get the back support adjusted? One child support order says he owes $17,000 for the last 3 years and for the other child the order says he owes $30,000. Our six years together, he hasn't earned that much money, how can they ask for so much?
 


NotSoNew

Senior Member
they can "ask" for that much, because they are basing it upon his income at the time the orginal child support order was determined. If he has a decrease in income, it is his job to file for a modification based upon that. Now if the court sees the decrease in income as "voluntary" they are not going to reduce his payments, however he can try. And he would also get some sort of credit for the additional (four) children he has now.

And no back child support cannot be reduced. He should have filed for a modification as soon as his situation changed.
 

stealth2

Under the Radar Member
dynomight77 said:
And he would also get some sort of credit for the additional (four) children he has now.
Not in all states - I don't know how TX handles it tho. But in a lot of states, an NCP knows there is a financial obligation prior to having more kids so gets no credit for doing so.
 

NotSoNew

Senior Member
stealth2 said:
Not in all states - I don't know how TX handles it tho. But in a lot of states, an NCP knows there is a financial obligation prior to having more kids so gets no credit for doing so.
yeah i was just trying to make sure that was true, and i cant find anything.
 

brisgirl825

Senior Member
WANNACRY said:
wow- does this guy not know what a condom is? six kids he can't support sheeesh :rolleyes: :eek:
Wear a condom? We all know that it takes the feeling away. How can you expect him to do that? :rolleyes:

Either he cheated on the wife here or he had the two before and they went ahead and had 4 more. That's great, I am sure the rest of the board here doesn't mind ya'll going on welfare. We love supporting other people's kids. :rolleyes:
 

Gracie3787

Senior Member
blt626 said:
What is the name of your state?What is the name of your state? Texas

My Husband has two children from previous relationships and is currently paying child support to both mothers. Total together for both children, they are taking half of his paycheck. We have four children and as you know childcare is expensive. He has had to quit his job several times because after child support was taken out, there wasn't enough to cover childcare for both of us to work. Off and on for the last five years this has happened, so there are periods of time, maybe 4-6 months at a time that he could not pay. He has been looking for employment where he knows that he can afford child support and childcare, so he can not take just any job. He recently started working and paying support again. How do we go about getting the percentage adjusted so he's not coming home with no money after a 60 hour work week? Also is there a way to get the back support adjusted? One child support order says he owes $17,000 for the last 3 years and for the other child the order says he owes $30,000. Our six years together, he hasn't earned that much money, how can they ask for so much?
The Consumer Credit Protection Act limits the total amount garnished for support to 55 % of net income, so your husband should be bringing home at least 45% of his paycheck. (Although, if both CO's total more than 55%- it will create arrears in both cases)

Neither the laws, nor the courts care about whether or not your husband can afford daycare for the children he has with you, and him voluntarily quitting a job for that reason is NOT a valid reason for unemployment/non payment of CS. Sooner or later he'll probably be brought into court for contempt.

There may be other reasons available for him to modify the orders, but lack of employment for the reasons that you gave isn't one of them.

It sounds like you may have to choose between working, with the child care for your kids coming out of your paycheck or staying home until all your kids are in school and then work while they're in school. Or another option is for you to work hours opposite your husband so that no child care expense is incurred.

Whatever way you choose, you have to remember that the laws will NOT allow your husband's other kids do with less because of YOUR childcare costs.
 

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