Legal Question in Family Law in Texas
Child Support
My husband has a 15 year old daughter from a previous marriage and we have a 2 year old daughter together. What is the correct percentage to use when figuring child support payments. Also, when figuring child support, are you required to pay child support on amounts put into a 401K plan? Will a judge consider additional child support that has been paid to the mother that was not ordered by the court? The child lived with us for 16 months without support from the mother. Can she can get back child support for those months that the child was living with us?
1 Answer from Attorneys
Re: Child Support
17.5% of his net income is the child support you should use.
The judge will normally consider all money spent to help the support of the child (depends on how good your attorney is at advocating your case).
You should be given credit for the months she lived with you. At 15 if she chooses to live with you and your husband she has that option, however, the court still must approve this choice.
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