Legal Question in Family Law in Texas
Child Support when chldren are split
I was divorced during the first Gulf War, my ex-wife was given custody of both our children. Four years later she sent our son to live with me because she could no longer handle him due to behavioral problems. She stated that we could decrease the child support form 400 a month to 250. I agreed since I felt that if I had not she would have kept our son and made things rough on him. He is 16 and can now make a decision to live with whom ever he wishes. My question is since we both have a child, shouldn't the child support be offsetting?
1 Answer from Attorneys
Re: Child Support when chldren are split
Not necessarily.
Usually when kids are split between the parents, the easiest and fairest thing to do it -- we calculate what each parent would pay for one healthy child (20% of net income as determined by the State of Texas). Usually, one parent makes more than the other so the amounts would be different. The parent that should pay more will then pay the difference to the other parent.
Of course, I have not addressed health insurance. Health Insurance coverage is treated as an additional form of child support.
I hope this makes sense. It is fair because if one parent makes $100,000/year and one makes $20,000/year the one that makes $100,000 should pay the $20,000 person some child support.
Fran Brochstein
www.familylaw4u.com
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