TX and CA Child support question

[texashelp1234]

Hi, I'm paying alimony and child support to legally separated wife and two kids in California already. Found out about a third kid in Texas to another woman who wants to go after child support, will Texas take into account the California child support and alimony when figuring out the second child support?

 

[PayrollHRGuy]

Yep.

 

[texashelp1234]

ok cool. Does this mean the court orders lower payments to wife and two kids?

 

[PayrollHRGuy]

I was a little quick on responding the way I did. There are limitations on how much of your income can be Garnished for Child support. If you reach the max there is a method of calculation that is used that can reduce one parent's support when another needs to be paid as well.

 

[LdiJ]

I was a little quick on responding the way I did. There are limitations on how much of your income can be Garnished for Child support. If you reach the max there is a method of calculation that is used that can reduce one parent's support when another needs to be paid as well.

Garnishments come in order of receipt and order of preference, so anyone who came in with a garnishment after previous garnishments cannot collect if those previous garnishments are already at the max. That is universal although I am sure that the order of preferences varies from one state to another. I think that the max amount that can be garnished varies a small amount too.

TX cannot alter a CA child support and alimony order, and since it appears that the OP is in CA, CA laws would apply as to garnishment. TX would have to petition CA to reduce the amount of CS and alimony paid to the first wife and children...and I cannot see CA agreeing to that.

 

[texashelp1234]

ok so payment to first mother doesn't decrease, and second mother gets the percentage of whatevers left after my first payment?

 

[LdiJ]

ok so payment to first mother doesn't decrease, and second mother gets the percentage of whatevers left after my first payment?

Correct, as long as the courts in TX are getting full cooperation from you so that they know what your correct income is, and know the amounts that you are currently paying in child support and alimony.