I keep reading time and time again in here that CS is based on both parent's income.. I don't think that is true in Texas..... When we have done all of our dealing with CS my husband's ex-wife income was never taken into account... She makes just as much if not more than he does..
Can anyone tell me what the rule is for Texas

The ex wifes income wont be included. She is not legally responsible financially for the children.

why is the ex wife's (mother of the child) not financially responsible?

Sorry, I was under the impression that the persons income she was talking about was the step-mother. If thats the case, she cannot be held responsible. I asked a lawyer about it and they told me no. Unless the step-parent adopts the child. Also, My income was never factored into how much child support my ex is supposed to pay me. It was all based on his income. Of course he quit his job right before court so he would only have to pay $300 a month for 2 kids. Pathetic I know. But, maybe its up to the judge to decide if the mothers income is included. I just know that my income was not factored into any of our child support figures.

Child support in Texas is based on the noncustodial parent's earnings. Not the custodial parent. Not the step-parent. The noncustodial parent.

So, if the non-custodial parent is the dad, it is based on dad's earnings. If it is mom, it is based on mom's earnings.

There is a formula to calculate the percentage delineated in the Texas Family Code. BAsically, you pay 20% of your net earnings for child support for 1 child, 25% for 2, 30% for 3, etc. If you have a legal child support obligation to other children, the percentages are dropped accordingly.

The Code is on line, and you can calculate it for your particular circumstances.

Step-parents don't have to pay because it is not their child. They did not conceive it. They are not responsible for it being on this earth. It is the responsibility of the parents to support the child. The custodial parent will always wind up spending way more than child support to raise a child.

Texas also requires health insurance coverage for the child(ren) as additional child support, and sometimes orders life insurance to cover child support in case a parent dies before the child reaches age 18.

Sharon Middleton

In Utah they have a child support table that combines both parent's income, then divides it out to a percentage rate. I have heard that Utah has one of the lowest child support rates there is. I just figured out Texas' rate and the kids would be getting almost double what they are getting now. As it stands now for us to survive I have to provide 2/3rds while he provides 1/3. Then I provide all the care, you know the list. Wow. I could get the kids the things they need when they need it by Texas' formula. It is very hard on both sides from what I read. Well I already knew that. If people would just let the non custodial parent see the kids at least by the guidelines, if they would pay the child support without complaining (yes it is hard, but it is hard for both sides) if they would talk and see what the children really need and take care of it. Wouldn't that be wonderful. Maybe if a few more parents and stepparents just cheer each other on instead of finding all these things to pick at each other about. Just think of all the extra love these special children would be getting. I don't know what to do in my situation since my ex. and his wife do everything opposite of what I just thought would be great. I have thanked my ex.s wife many times for taking care of the kids when they go over there. She always fixed their hair and they always looked cute. They kept the clothes they bought for them there so I had to make do. Not once in 9 years has my ex. told me Thank you for taking care of his kids. They don't call now and they moved out of state. They cut down the visitation when they lived 20 minutes away to every 6 months. I just gave up trying to get them to do anything and focused that positive on the kids instead.

That is exactly why I said that the custodial parent always pays more! Non-custodial parents forget 'little things' like hair cuts, shoes, socks, underpants, clothes, school lunches, field trips, sports, camp, dance lessons -- but they want their kids to have all that, and more! They just figure child support should pay it all. It doesn't unless the non-custodial parent made a WHOLE lot of money, and even then, there are limits to how much child support will be paid. They forget that child support is to feed, clothe, and shelter kids, and then if any is left over, to buy toys, camp, sports activities, dance lessons, hair cuts, etc. Not to mention the innate hassles (and blessings) of raising children as a single parent.

Sharon

what about the NCP that has 50/50 visitation with the child and still pays CS to CP..we have my step daughter 50/50 of the month (actually more, mom is too busy with boyfriends and partying to want her child on her weekends)
we pay for hair cuts, school lunches, school supplies, dance team, swim team, pictures at school, clothes at our house, field trips, roof over her head, heat in the winter, AC In summer, our CP thinks and expects at least half of all the "extra's" in my step-daughter's life and we do it not glady, but we do it
I have come to find out reading these posts that :::
the ones that get the support complain it isn't enough and are very envious most of the time of the new life their exes have gone on to lead including the new children they have and the ones that pay CS (like us) feel like we pay more than enough to support a child and are suck dried every month for more.......... no one wins and the best thing is to get over it get over the fact that your ex went on with his/her life and has a new spouse and new children, who are inoccent in all of this and get over the fact that your new spouse had a child with someone else who expects you to shell out every penny you have to support that child at their house... it is just life.................

First off, all of us who are supposed to receive child support arent envious of our ex and their new found relationships. Frankly I dont give a damn if my ex were to disappear for eternity or marry freaking Miss Universe. That would be the best thing in the world for my family. Then maybe he would just go the hell away. I dont really want his money because quite frankly, I can do it on my own. I have been for 4 years now. Its not about the ex and his relationships or how much he is "Supposed" to pay... its about doing whats best for the kids. Its not about you or your ex and what you want anymore, when you had a child you gave up all that. It is and will always be about the kids. Bottom line is both parents need to do everything they can to make sure their child(ren) have everything they need to be happy, healthy, and good people. And sure there are greedy CP's out there but trust me there are just as many asshole deadbeat NCP's who feel like its all up to the person who has custody to make sure everything gets done. Out of sight out of mind.

I understand the dilemma when you split custody 50-50. It used to be pretty standard that if you split custody 50-50, you calculated what each party would pay, for 1/2 the mo., and and the one who earned more paid some to the other parent to help compensate. Lots of us still calculate it that way, but I have seen judges go straight by the code. I don't think that is right, I think it should be reduced in a 50-50 split, but then again, an expanded standard order is 52-48 split and does not give a break on cs. It's a dilemma. I say if you're on a 50-50 split, and ordered to pay full cs., you need to start in on your legislators to get that changed. It just ain't right.

I didn't realize that.... I guess our problem is that we don't have it in writing about the 50/50 split the original decree stating standard visition orders every wed every other weekend etc...2years ago when my son was born ( my step-daughter brother) my step daughter wanted to spend more time with us....so we agree verbally about the 50/50 split we went to a lawyer and she said that to get CS lowered we would have to get the 50/50 changed in the divorce decree and then go for CP of the child does anyone know if this is right or not?

Yes. Despite what you are doing, your prior order delineates a standard possession order. To change that, you have to file a Motion to Modify. It would apply to child possession and access as well as child support. However, if you have been doing it for 2 years, it should be a big help, kinda like when moms relinquish kids to dad for more than 6 months, it is assumed they 'gave' him the kids. Not quite the same, but similar.

Look at it this way. How old are the kids? 1. If over 12, they can make elections. 2. How much is hubby paying now in cs? (not my business, just figure it in your head). 3. How much will attorney charge to modify? 4) is it cost effective to attempt to modify? In Tex,. you can't modify (or at least not supposed to be able to) unless it will affect cs by more than $100 or has been at least 3 years. This should reduce child support more than $100 a month. Go crunch your numbers.

My husband pays 480.00 in CS ATT fees would be less than $500 to just change the paperwork.......... I don' thave a clue how much CS would be reduced too......The problem we would have is the ex is never real agreeable to do any changes with the decree she will agree to the changes just doesn't want them them in writing.......... therefore we agreed to the50/50 split but not to put in writing it was more important that we saw my stepdaughter more than it was to fight the mom about the changes be put in writing we have been told many times that we were stupid for doing that (not putting in writing)
to be totally honest it is not a strain on us to pay CS and mom has never asked for an increase in 5 years we split (even though we don't have ) all expenses outside of daycare dance team swim team school supplies etc
is going to court to modifiy the visitation and CS worth it? the ex would never agree to lowering the CS......i twould be a court fight
thanks for all your help!

Honey, if you only have to pay $500 to get modification done, and got $100 a month reduced, it is paid off in 5 months. and, then how many years?????

Go talk to a family practitioner you trust in your area and get their opinion. They will know what the judge in your county is likely to do, reduce the cs, modify to a 50-50 split, like you have been doing, or not. Remember, cheapest is not always the best deal. Call the district clerk's office for names of top family lawyers, or go down and watch at the courthouse for a day. Ask friends who have 'won' what they wanted.

But, to me, from what you have told me, you don't have much to lose, and a lot to gain by pressing forward.

so you are saying to just call the district clerk's office and they will give me the name of some good attorney's
our past lawyer said to not mix custody with CS makes it look like we want the child more just to reduce Cs but we have already done this for 2 years and paid full CS
we are going to see if we can't get mom to agree to put the 50/50 split in writing and then go for reduction of CS
I will take your advice
Thanks

I think you are amamzing that you will do so much for you stepchildren. I am not one of those cp that just want money. Unfortunately it takes money to pay the bills and provide food and clothes. I am so glad to be rid of my ex. I don't envy his life at all. He married someone 10 years older than him so no extra children involved just her adult children.
It usually is the cp that has the bigger load plus does provide more for the children. My ex. was paying $426 a month for 6 children. When he started getting Huge bonuses he thought he didn't have to tell me about it. He went from making $27,000 a year to $50,000 by the time I started going back to court with him and then $79,000 a year. He thought child support should stay the same. Because he would get the bonuses the last 4 months of the year when child support got raised finally every month he was getting behind. I understood that because the state won't take more than 50 % of his income. When he got his bonuses which were in stock that he sold so fast we could not seize it he still didn't catch up the back cs. When he filed his taxes he got more back in some years than he paid because using some of the kids as deductions. I think one or two years he ended up paying a couple of thousand dollars. So pretty much he has come out ahead but moans and complains any chance he gets. He always play the victim. So you see I am so glad I have nothing to do with him. I am not jeleous of his life.
I am taking him back to court on the 21st. He is behind $40,000 now. I am asking him to pay $20,000 by the court date or he be put in jail. I asked for work release first but if they have to do just jail time to please do it. I am acting as my own attorney. I know if he had to he can come up with the money. I went back and forth on this so many times. Please don't write and say all I care about is the money. It is called RESPONSABILITY. I am doing everything I can. Why shouldn't he? I can't believe it is only 17 days until the court date. The last thing I want if for my ex. to go to jail but I have to do what is best for the kids. I cannot afford to pay everything myself just yet. I am working on that but there are two parents here.

I am so proud of you. I wish you great success at court. My prayers will be with you.

I can never undestand the mentality of men or women who get incredible raises, and don't think their children 'deserve' any of the money. Granted, I'm a rarity because I'm a divorce attorney who has never been divorced. However, if I had, I would have been more than delighted to have paid more child support based on increased income -- if I'm making more, the kids should get more,right?

I'm similarly impressed with noncustodial parents who fork out non-required money for clothing, sports, dance classes, etc., so that their children are happy, even though not court ordered, and even though they know the other parent is not using the cs properly. You guys are great parents. Your kids will appreciate you forever. You may not think so now, but when those kids are grown, and see the costs of those things, they will realize my mom/dad was not required to do that, and did it because THEY LOVED ME.

I am so proud of you. I wish you great success at court. My prayers will be with you.

I can never undestand the mentality of men or women who get incredible raises, and don't think their children 'deserve' any of the money. Granted, I'm a rarity because I'm a divorce attorney who has never been divorced. However, if I had, I would have been more than delighted to have paid more child support based on increased income -- if I'm making more, the kids should get more,right?

I'm similarly impressed with noncustodial parents who fork out non-required money for clothing, sports, dance classes, etc., so that their children are happy, even though not court ordered, and even though they know the other parent is not using the cs properly. You guys are great parents. Your kids will appreciate you forever. You may not think so now, but when those kids are grown, and see the costs of those things, they will realize my mom/dad was not required to do that, and did it because THEY LOVED ME.

And, of course, that is the essence of the best interest of the child. Doing things above and beyond the order, because it is best for your child. Because you love your child.

You are not just a good parent. You are a great parent. Thank you for being the kind of parent we all should be, but few are.

Sharon

I have been very impressed with your tell it like it is attitude but also your seeing all sides of an issue. Thank you so much for your encouragement. It means a lot to me. I know of someone who was getting $2,700 a month in alimony and child support. I knew her husband and he paid faithfully. He raised the cs up automatically when he got raises for the most part. I said to her that it must be nice to get that much money every month and to get it regular. She angrily said "well I couldn't make it if he didn't pay". She was all about the money. I respect the people who do what they should do and then more.
Also the people who stand up and encourage others are those angels who come into uor lives just when we need them.

I do understand that most of the time it is the CP that takes on most of the responsiblity...but in my case it is not......I feel like we have equal responsibility parenting my husband's daugther...we have her equal time and do equal things with her. However when it comes to money part of raising my step-daughter I do feel like we paying a lot than mom. We pay CS. and like I have said before we pay for half of everything. We do this because if we didn't the child would have nothing or do nothing..... But mom expects us to do that. I guess she has failed to read the CS guidlelines. Right now it is 500.00 a month used to be 750.00 When we paid her 750.00 a month my step-daughter had no more things than she did when she is getting 500.00 a month. In this case more money in CS did not mean the child got a better life at her mom's house or more things. Mom still got her phone cut off and pays daycare so late each month, my step-daughter gets kicked out of the program several times a year for non-payment.
I understand that you are not jealous of your husband's life, I guess that comment on my part came from my experience. My husband's ex can't stand the fact that he married again and has another child. I am sure most CP are glad to be rid of the ex.
I do what I do for my step-daugher and sometimes it is very very hard.

My husband's ex-wife and 2 kids ages 16 and 14 live in Utah. Original court order set child support at $300/month. My husband pays directly to her, and as his salary was raised, he also raised the amount he was paying, now to the tune of $900/month. CS in Utah is based on both parents income, and they would be okay if she would work, but she won't. Instead she always moans about not having enough money. She let her 16 year old daughter drop out of high school and she works. I wouldn't be surprised if mom is making her fork over some money to help support the household. Right now my husband is not allowed any contact with the kids, although he is working on getting at least telephone contact. He also provides medical insurance for the kids. He was paying for school pictures even though he can't get any of the pictures, he sends school clothes or money for clothes, birthday presents, Christmas presents, etc. Within 2 weeks of his ex finding out that we got married, she let him know that she was seeking modification of CS. Why? In her words, "you have more access to resources than I do." Meaning that I work, so therefore he must have more money to spare for her. We know she CAN work because she has had several jobs that she quit for various reasons. Her problem is that she WON'T work. Big difference. We checked out the support tables, and he can have the court impute her income, so CS would go up about $100/month. So in essence, he provides 100% of the support for not only the kids, but for her as well. Some of the ex-wives do get jealous and try to get everything they feel "entitled"to without lifting a finger to provide their share of financial support. But that's okay, because she's not seeing the picture in the long run. Eventually my husband will stop paying CS, so her source of support will be cut off. She's going to find herself in a world of hurt, and she can't even see it. I actually feel sorry for her.

I too, see it the same way...in 8 years CS is going to quit and my husband's ex will be in a world of hurt......and my step daughter will see who truly provided for her and why.......we could take her mom back to court but in the long run we are doing what is right and that is all the matters to us
the fighting a court date would cause is not worth it to us
however let us stop paying CS and she would have a court date set so fast our heads would spin....

I don't want anyone to misunderstand me. I'm all for my husband paying CS because it is the right thing to do. I know what it's like not having a parent help raise a child, because my dad wouldn't pay one thin dime. I think what a lot of NCP's resent is the fact that they in a lot of cases provide 100% of the support financially, and the ex-spouse won't do anything to contribute. We work not because we want to, but because we have to. We both have obligations to meet. Not all parents see it that way, though. But I agree with you. In the end his kids will see who provided the support and will realize their dad is not the bad guy. But one thing's for sure: when the CS runs out and they come to him looking for a hand-out, they will have to want to have a relationship with him. He will not let them treat him like a money tree. We're holding out hope that in the future they will want to establish a relationship with him and come to know him as the person I know him to be.