Texas Child Support: Non-Custodial Makes $250,000

[melissa1277]

What is the name of your state (only U.S. law)? TEXAS

Hello..

I recently moved to Texas from IL. Looking to get a court order for child support for my 9 year old son (too long of a story to say why I dont have a court order at this time). Im assuming I would go through Texas and not IL since I moved here to Texas. Father lives in IL, son was born in IL...

I found some information on Texas child support law that I think is a little diffrent than other states (especially, IL and WI) and I wanted some clarification on what I read.

What I READ was that in Texas the non-custodial parent pays 20% of their income if they make less than $6000 a month. If they make over $6000 a month they only get 20% deducted from the first $6000.

So.. what I am understanding is if a non-custodial parent makes $250,000 a year they are only entitled to pay the custodial parent $1200 a month??? Doesn't that seem a little ridiculous, especially if the NCP lives across the country, and visits twice a month (one trip paid by NCP, one trip paid by CP)?? Why should they get a break in child support obligations because they are making more money than the average joe??? I also read that the comparison of lifestyle between the NCP and CP is not taken into consideration when asking for more support. I am quite curious as to why not?

I mean the law is the law.. can't really fight it but it really boggles my mind that they get a break from obligations and I am hoping someone out there can help enlighten me on why this is the law in Texas. Thanks for your time!What is the name of your state (only U.S. law)?

 

[CJane]

Depending on how long you've lived in TX, it might not matter. If it's been less than 6 months, file in IL.

 

[ecmst12]

And transportation is usually expected to be covered by whoever created the distance. Since you are the one who moved...

 

[LdiJ]

What is the name of your state (only U.S. law)? TEXAS

Hello..

I recently moved to Texas from IL. Looking to get a court order for child support for my 9 year old son (too long of a story to say why I dont have a court order at this time). Im assuming I would go through Texas and not IL since I moved here to Texas. Father lives in IL, son was born in IL...

I found some information on Texas child support law that I think is a little diffrent than other states (especially, IL and WI) and I wanted some clarification on what I read.

What I READ was that in Texas the non-custodial parent pays 20% of their income if they make less than $6000 a month. If they make over $6000 a month they only get 20% deducted from the first $6000.

So.. what I am understanding is if a non-custodial parent makes $250,000 a year they are only entitled to pay the custodial parent $1200 a month??? Doesn't that seem a little ridiculous, especially if the NCP lives across the country, and visits twice a month (one trip paid by NCP, one trip paid by CP)?? Why should they get a break in child support obligations because they are making more money than the average joe??? I also read that the comparison of lifestyle between the NCP and CP is not taken into consideration when asking for more support. I am quite curious as to why not?

I mean the law is the law.. can't really fight it but it really boggles my mind that they get a break from obligations and I am hoping someone out there can help enlighten me on why this is the law in Texas. Thanks for your time!What is the name of your state (only U.S. law)?

That's what the AG can administratively order. If you take it to court instead, a judge has the discretion to order a higher amount of support...and normally will in a situation like that.

However, like someone else said, you should probably be filing in IL.

And while the moving parent should normally provide the transportation for visitation, unless you make nearly as much money as dad, a judge would not order you to provide two visits a month with that distance, because it just would not be reasonable.

 

[nextwife]

Several states do "cap" the child support at a maximum.

If a child is receiving child support at the cap, the child is receiving enough support to more than adequately meet their needs. That child support, plus the share of support the CP provides, should be able to more than provide for them. The CS is not intended to support the household, or serve as a sort of alimony, creating a household comparable to the CPs household. The CP creates their own household, and the CS is only meant to be the NCPs SHARE of the the cost of supporting the CHILD. One cannot equalize the entire household to match dad's without creating CP parent support too.

 

[LdiJ]

Several states do "cap" the child support at a maximum.

If a child is receiving child support at the cap, the child is receiving enough support to more than adequately meet their needs. That child support, plus the share of support the CP provides, should be able to more than provide for them. The CS is not intended to support the household, or serve as a sort of alimony, creating a household comparable to the CPs household. The CP creates their own household, and the CS is only meant to be the NCPs SHARE of the the cost of supporting the CHILD. One cannot equalize the entire household to match dad's without creating CP parent support too.

Caps, in all states that have them, can be and frequently are overridden by judges.

 

[mistoffolees]

Several states do "cap" the child support at a maximum.

If a child is receiving child support at the cap, the child is receiving enough support to more than adequately meet their needs. That child support, plus the share of support the CP provides, should be able to more than provide for them. The CS is not intended to support the household, or serve as a sort of alimony, creating a household comparable to the CPs household. The CP creates their own household, and the CS is only meant to be the NCPs SHARE of the the cost of supporting the CHILD. One cannot equalize the entire household to match dad's without creating CP parent support too.

Exactly. The maximum amount is supposed to provide a reasonable level of support for the child - and $1200 per month for NCP's portion probably does. Unfortunately, these caps don't get raised with inflation, so after some time, they're not as useful as they could be.

As others have said, they can be overriden, but a lot depends on the situation. For example, if NCP has a large amount of parenting time (like 40 to just under 50%), the court may consider the cap to be enough. OTOH, if CP has the child 95% of the time, the judge may exceed the 'cap'. In addition, it depends on local practice. I don't have a lot of data points, but it seems that the judge is more likely to leave the cap amount in low cost of living, rural locations than in Dallas or Houston.

Commonly, the parties will agree to an amount greater than the maximum and stipulate it to the court. One common solution is for NCP to pay the 'maximum' amount in cash, but also pay 100% of other costs - medical, child care, activities, school costs, etc on top of that amount.

A local attorney will have a good idea of how likely the judge is to leave the 'cap' in place.

 

[LdiJ]

Exactly. The maximum amount is supposed to provide a reasonable level of support for the child - and $1200 per month for NCP's portion probably does. Unfortunately, these caps don't get raised with inflation, so after some time, they're not as useful as they could be.

As others have said, they can be overriden, but a lot depends on the situation. For example, if NCP has a large amount of parenting time (like 40 to just under 50%), the court may consider the cap to be enough. OTOH, if CP has the child 95% of the time, the judge may exceed the 'cap'. In addition, it depends on local practice. I don't have a lot of data points, but it seems that the judge is more likely to leave the cap amount in low cost of living, rural locations than in Dallas or Houston.

Commonly, the parties will agree to an amount greater than the maximum and stipulate it to the court. One common solution is for NCP to pay the 'maximum' amount in cash, but also pay 100% of other costs - medical, child care, activities, school costs, etc on top of that amount.

A local attorney will have a good idea of how likely the judge is to leave the 'cap' in place.

From what I have observed over the years coming out of TX, the cap seems to only applies to administrative orders out of the AG's office.

However yes, sometimes additional support is non cash support. It could be private school tuition, the cost of a nanny instead of daycare, it could be providing "extras" for the children etc.

 

[melissa1277]

Its all quite interesting really! I understand that there are caps on support and I do understand why ... but lets say that the CP doesn't even come close to the NCP's income..For example: I am getting ready to go back to school (on finanical aid for that matter..to better my life and my Sons life) and I work a 30 hour a week..I AM NOT JUST SITTING AT HOME .. I AM BUSTING MY BUTT...Income comparison: $35,000 for CP (THIS INCLUDES MONEY THE NCP IS PAYING NOT COURT ORDERED-BECAUSE HE DOESN'T WANT IT COURT ORDERED) and $250,000 for NCP

I understand that Texas doesn't take lifestyle into consideration when it comes to determining child support but I just think there is such a HUGE lifestyle diffrence there that it would be hard/confusing on the child.

Its also difficult, because even though we were not married, we were together (lived together) for 6 years of my Son's life, and now my Son doesn't understand why I can no longer do the things for him that his Dad does still (vacations, buying of things, etc..) What do you say to that??? I hate to say this, and I know my Son loves me, but if my Son had a choice on who he would want to live with.. I wouldn't have my Son....

Your thoughts????

 

[Antigone*]

Its all quite interesting really! I understand that there are caps on support and I do understand why ... but lets say that the CP doesn't even come close to the NCP's income..For example: I am getting ready to go back to school (on finanical aid for that matter..to better my life and my Sons life) and I work a 30 hour a week..I AM NOT JUST SITTING AT HOME .. I AM BUSTING MY BUTT...Income comparison: $35,000 for CP (THIS INCLUDES MONEY THE NCP IS PAYING NOT COURT ORDERED-BECAUSE HE DOESN'T WANT IT COURT ORDERED) and $250,000 for NCP

I understand that Texas doesn't take lifestyle into consideration when it comes to determining child support but I just think there is such a HUGE lifestyle diffrence there that it would be hard/confusing on the child.

Its also difficult, because even though we were not married, we were together (lived together) for 6 years of my Son's life, and now my Son doesn't understand why I can no longer do the things for him that his Dad does still (vacations, buying of things, etc..) What do you say to that??? I hate to say this, and I know my Son loves me, but if my Son had a choice on who he would want to live with.. I wouldn't have my Son....

Your thoughts????

You were told that if you have not lived in Texas for more than 6 months, you will have to file in Il.

So sorry you decided to play house and have a child without a ring, really I am; but since you did you'll just have to explain to your son that mommy and daddy lived separate lives and what he should not compare what he does with dad with what you have to offer.

As far as working only 30 hours a week and going to school, it looks like you are going to have to step it up. I know many people including myself who held down full-time jobs, went to school and still interacted with our children. So, I say to you, I'm not impressed with you working a bit and going to school.

Your child does not get to decide where he lives, and you should use the differences in yours & dad's situation as a teaching moment.

 

[mistoffolees]

Its all quite interesting really! I understand that there are caps on support and I do understand why ... but lets say that the CP doesn't even come close to the NCP's income..For example: I am getting ready to go back to school (on finanical aid for that matter..to better my life and my Sons life) and I work a 30 hour a week..I AM NOT JUST SITTING AT HOME .. I AM BUSTING MY BUTT...Income comparison: $35,000 for CP (THIS INCLUDES MONEY THE NCP IS PAYING NOT COURT ORDERED-BECAUSE HE DOESN'T WANT IT COURT ORDERED) and $250,000 for NCP

You should be working full time to support your child. If you are unable to make ends meet while being in school, you should postpone schooling.

NCP has an obligation to support the child, BUT SO DO YOU.

 

[melissa1277]

The last thing I need to be considered as is a gold diggin SOB.... the reason we were playing "house" was because we were to get married... A Cabosh was put on that when he decided to file a fake tax return in my name 3 months before we were to get married and left me with a $50,000 federal tax lien...which I am still fighting to have removed from my credit (I go to court all the time for it, hence the reason I work 30 hours AT THIS TIME)... so please don't act like I was the one that was irresponsible..This turned my world upside down. However, he is a terrififc dad to my son, despite the idiotic crap he has done to me. I KNOW THIS HAS NOTHING TO DO WITH CHILD SUPPORT BUT I JUST WANTED TO SAY THAT I WAS NOT JUST PLAYING HOUSE..

I understand where you are coming from about the job portion. There is no need to get mean.. I am just asking questions. I have no problem working a full-time job, BUT with the court hearings ALL THE TIME (its ridiculous, just take it off and have him pay for his mistakes already!).. I just think its important to be there for my children and not have them raised by strangers (day-care, nannies, etc..) But I can't put off school anymore than I have... so I will continue my education because in the long run it will benefit my child.

I do have two other children from a previous relationship as well but their Father is not in their life because he has passed away. I didn't bring them up before because they are not my youngest fathers responsibility.

I am not looking to get yelled at here.. really all I wanted to know is why Texas has such a huge cap on child support that is all...

 

[garrula lingua]

OP:
--Time share between parents means little in Tx, so ignore that prior post. Texas differs from other states in many legal aspects; family law is one of them. Check all advice you are receiving.

--Also, consider: If you file in Illinois, you may not be allowed to move to Tx with your child (if Dad opposes, Judge can switch custody to Dad because of the move).

--The Tx Family Code has a presumption that Tx guideline support is sufficient & reasonable to support the child. The guideline calculation stops at $7,000.00 (net - after federal & FICA taxes; 6,000 was from a few yrs ago; Dad's cost for insurance will be subtracted from that to calc. c/s).

When there is a situation where the Obligor (Dad) is making much more than 7,000 net per month, then your attorney, in District Court, will have to provide evidence as to the needs of the child requiring more than the guideline amt.

It isn't difficult, but it must be on the record (before the Judge, with a Court Reporter taking down the testimony), and specific (tuition, after-school activities, child's portion of the rent, food, etc. etc).

I've done it several times, and have always been awarded a higher c/s award. The important thing, which pro se litigants and new attys often don't foresee, is to have a specific amount to ask the Judge to order after your testimony -- don't expect the Judge to figure out the amount. Best practice is to have a summary sheet of expenses, totaling the amount which you are requesting. Put the information on the record, including the amount of child support you are requesting, and submit the list into evidence.

Texas has many 'presumptions' in their Codes. It just means that an attorney who opposes the presumption has the burden of proving up why it shouldn't apply.

Seek the advice of a family law attorney, local to your courthouse.
It would be wise of you to chose an attorney who is Board-Certified in Family Law.
Call your local Bar Association (or their Family Law Section) to get a list of attorneys Board Certified in Family Law.

It would be wise of you to calculate both child support and age of majority (date the c/s will terminate) in Illinois and in Texas, and decide how you wish to proceed.

 

[ecmst12]

How long have you been in TX? Did you get dad's permission (preferably in writing) before you moved?

 

[ecmst12]

On a non-legal note, I also grew up with 2 parents with a WIDE disparity in income. I don't know the numbers but my mom struggled to get by and worked a lot of hours and my dad made probably at least as much as your ex (20 years ago too) and he paid $300 a month in CS. All it taught me is that happiness and love are not purchased with material wealth.