Legal Question in Family Law in Texas

It's not east to get child support on income above the cap. Obviously, 4-5k a month is excellent if you can get him to agree. Once it is in the decree and finalized, he can't change his mind.

Hi. Based on the information provided, I am assuming the following: (1) The children will live with you; and (2) Your husband does not have more than $7,500 in net monthly resources (this figure takes into consideration all sources of income such as, but not limited to, overtime, commissions, bonuses, any fringe benefits from his employer (i.e., company car), employer contributions to retirement account, etc.). My answer will be limited to your question regarding calculating child support.

With respect to child support, if any of the children have medical conditions or other unique issues, then you may be able to ask for above-guidelines support based on the proven needs of the child(ren). You also need to be sure that you are properly calculating child support - don't rely on pay stubs. The Family Code provides guidance for properly calculating child support. There are other issues related to child support that you and your husband will want to be sure to address as well, such as payment of the children's health insurance (your husband should pay the premiums), which is deducted from the gross monthly resources to get to net monthly for child support.

You may also want to discuss with your husband the payment of other expenses for the children, such as school expenses (you don't state whether the children are in private school), extra-curricular expenses (e.g., dance classes, football, summer camp, etc.) Unless your children are the same age (triplets), then the divorce decree should also provide for adjustment of child support payments as each child reaches age 18 and/or graduates from high school.

I'm glad to hear that you and your husband are trying to have a peaceful divorce - I believe it's always in the children's best interest for a divorce to be resolved as amicably as possible. On that note, you can still have an amicable divorce even if you hire an attorney. Good luck.