When the support you pay for your new child is calculated, they will deduct the amount of support that you pay for your son, from your total income, before applying the percentage.
So, if you make 2k a month, and you pay 400.00 for your first child, then the amount they will use to calculate your CS for your second child would be 1600.00.
That's absolute BullS$@$, Ldij.
From
where did you come up with that ??
OP, when your second child is born, if the Court uses guideline c/s, they will take your gross income, use the Attorney General's Tax Tables to credit you with Income and SS taxes, and reach a net income figure.
They will calculate Medical Support, based on UP TO 9% of your gross income, (4.5% if you have a second child @ home or court-ordered to support), and they will deduct the m/s amt from the net income. Then they will use 17.5% of the adjusted net to arrive at the amount of child support due for the second child.
If you request a modification on the first child's c/s, it will be calculated the same way: up to 4.5% of gross for m/s, then 17.5% of the adjusted net for c/s due.
As an example, a minimum wage worker (7.25 an hour) with two children would pay 57 a month in medical support and 185 a month in c/s, for a total current monthly payment of 242. for your second child.
If the first child had been calculated at min. wage (7.25) it would have been 113. a month in m/s and 200. month c/s for a total month of 313.00 {if this were modified after the second child was born (& living in your house or an order for support issued by the Court), then it would be 57 & 185 for a total of 242.
So, using minimum wage as an example, the c/s & m/s which was previously ordered by the Court would be reduced by 71. a month. These figures would vary, as medical support can be UP TO 9% of gross (for all his kids, combined), but many attys & AAGs reduce that percentage to 4.5%.
BUT, OP, when an Obligor (you) asks for a modification on the first child's support, frequently the amount of support goes UP. Your salary is usually higher, or you are working overtime, or you just got a break on m/s the first time. Be careful - you may not want to modify case #1.
LDIJ, why did you say the amount of a prior order is deducted from gross pay ?? Texas doesn't do that.
I'm a licensed attorney in Texas and I admit that I have litigated thousands of these cases - destroying the American dream one family at a time (that's Family Law).
