Legal Question in Family Law in Texas
I have a child support question. I'm currently paying non court ordered child support based on an agreement between my child and his mother. I work as an independent catastrophe adjuster so my income fluctuates. She constantly asks for an increase almost bi annually. As a result, I'm thinking about just going to court so that we can have a set amount that I give her. I get sent all around the country as an adjuster and I have to pay for all my own living expenses while I work. Do the courts takes those expenses into account when calculating child support?
Also, for the last two years I average about 85,000 gross income, but when you take into account my taxes and expenses while I'm out, my net income is closer to 55,000. Her income is around 35,000. We both live in Texas. What would I expect to pay if I took her to court? Thank you for your assistance.
2 Answers from Attorneys
Before we start: You need to be sure to keep receipts and documentation of the money you're paying to her. This is very, very important.
As far as "allowing" for living expenses, the anwer (generally) is: Does the IRS consider these expenses to be income?
Are you providing health insurance for the child?
Do you have any other children?
These considerations will have an effect on the amount of your child support.
Generally, child support for one child is 20% of your net income.
If your case is in Harris County, I'd be glad to meet with you for $2 a minute. You can't beat that price!
713-847-6000