Legal Question in Family Law in Texas
I am going though a divorce,. my gross income is $20,000yr
My wifes income is $120,000yr... I can barely pay my bills. I have no savings or assets.
my wife on the other hand has over a quarter million in cash savings and several assets.
her only debt is a $700month mortgage note on her condo.
we were married one year and we have a 4 month old son.
She wants the full amount the law will allow in childsupport from me and to pay her cost in having our son on her benefits.
this calculates to $289mth for support and $46health insurance.
I only make 1,250 a month and if $335 is taken from that I simply will not make it.
she is only doing this to hurt me,. I would pay it if I was able,.. she doesn't need it,.. is there any way to have it lower due to the huge disparity in our income and assets?
1 Answer from Attorneys
I assume that you do NOT have an attorney.
Child support is based on YOUR income. Her income is irrelevant.
For one child - child support is 20% of your net resources. Go to the TX A G child support website and read about it. There are many websites on TX Child support. There are even child support "calculators" that are even "somewhat" accurate. The TX A G website had the "official" chart that attorneys use to calculate child support.
The chart is in the TX Family code which is on the internet.
You cannot get c.s. lowered - you pay c.s. based on YOUR income - not hers.
FYI: Child support comes BEFORE anything else - rent, food, etc. It survives YOUR death. Also, be careful with anything using your social security number (bank accounts, etc) the TX A G computer will "grab" the money if you are EVER late with a payment WITHOUT ANY NOTICE!!! Then you will have checks bouncing!! (Yes, it happens all the time!!!)
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