Legal Question in Family Law in Texas
Child Support
I have been paying child support for 7 years. Since the original settlement my ex-wife
and I have both remarried. I have 3 children with my ex-wife and 3 children with my
present wife. Both of our standards of living have increased since the divorce. The orginal settlement was for $900 a month, now I make $84,000 a year. My ex threatens me all the time with taking me back to court to sue for more money if I don't agree with her on what ever issue we have between us (visitation, paying bills for her, etc...). My question is does she have grounds to take me back to court and would it cost me a great deal more in child support if she did?
3 Answers from Attorneys
Re: Child Support
Child support in Texas is determined by a formula defined in the Family Code. In your particular situation (based only on the limited facts you describe) your child support would be based upon $7000 gross salary per month and with 3 children with your ex and 3 children with your current wife, the CS would be approximately $1,200 per month more or less.
Re: Child Support
Interesting question. Your gross salary is $84K and from that you would be able to deduct taxes of $24,352.70 (plus any cost of health insurance on the three kids). Your "Net Available Resources" for child support purposes would then be $4,970.61 per month. Based on three children and three others that you support, the Texas Family Code guidelines would require total support of $1,491.18 per month.
Of course, a judge is not bound to follow the guidelines if there are circumstances that would make them inappropriate, but most judges do follow them in most cases. Examples of where the judge might deviate are if there is a disabled child or extreme wealth on one side or the other. The guidelines also only apply to the amount of available Net Monthly Resources up to $6,000 (Slightly over $102,000 in gross income).
So, to answer your question, it would cost you about $500 per month or $6,000 per year to have your support adjusted to the guidelines. A ceaper alternative, and one that might make things better for the kids, is for the two of you to agree to attend classes designed for ex-spouses in dealing with children. There are such classes in most large cities and they can help you lower the level of discontent enough to not only save you the money arguments, but also to give the kids a better environment in which to live. Don't fool yopurself into thinking that disagreements between mom and dad don't affect the kids!! You will probably find that your respective new spouses are resistent to this, but it can make life a LOT easier for them too if the two of you can amiably work out your differences with the children. If you DO end up in court, I have found that judges (at least in Austin)are more than eager to ORDER parents to take such classes if one parent requests it.
Good luck.
Re: Child Support
Actually, child support is supposed to be updated each year. This is done informally by the exchange of income tax returns, or formally through the court if cooperation is impossible.
Child support is a function of the number of children, their ages, and the combined income from both parents from all sources compared to percentages. There may be offsets for health insurance and child care.
It is impossible to calculate your obligation without the necessary information, but I think you can expect an increase in your monthly obligation if a recalculation were done presently.