Legal Question in Family Law in Texas
Child support question
My husband and I are separated and I am seriously thinking about a divorce. He pays child support to two different women for two children--one of whom was the result of an affair during our marriage. The other one he will finish paying in May when she graduates from high school. My question is: What would benefit me more for child support (for our 3 children)--waiting until May to file (when he finishes paying for daughter) or will I get the same amount if I file now?
1 Answer from Attorneys
Re: Child support question
Depends on his income to some degree, however what you
are talking about is the difference between 27.38% of
his net resources and 25.20% of his net resources. Also
keep in mind that filing before May does not necessarily
mean the divorce will be done before May. The divorce
will take two months minimum and maybe longer. I would
recommend that you time your filing for divorce upon what
you believe is best for you and your children rather than
the monetary benefits associated with the filing date b/c
the filing date will not mean the child support will be
decided using pre-May numbers (and the difference is, at
$6000/mo of net resources, about $130.00 per month, absent
extraordinary facts). Hope this helps.
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