Legal Question in Family Law in Texas
I am getting a divorce in the state of Texas and I have been seperated for over a year. My spouse has been depositing between $1,400 to $1,600 a month for over a year into my bank account for child support. Now he wants to only give me $800 a month. I know that it would normally be 25% because we have 2 kids and I have no idea how much he makes. My question is, If this goes to court could it be possible that he would have to give me as much as he has been since he has been doing it for over a year?
1 Answer from Attorneys
The court will likely base child support on your husband's income. As part of the divorce proceeding, you can obtain documents showing your husband's income (such as pay stubs, bank records, and tax documents) using the discovery process. The court will likely order child support based on its findings on your husband's income. Under the Texas child support guidelines, monthly child support will be 25% of your husband's monthly net resources, though it could deviate from the guidelines up or down based on certain special factors/
In my opinion, the court will not put much weight on the amount of support he paid in the past. His current income flow is much more relevant.
If you haven't done so already, I highly suggest that you immediately consult with an experienced family law attorney in your area to determine the appropriate course of action.
Good luck,
Marc A. Pederson
Attorney at Law
Pederson Law Office
http://www.pedersonlaw.com
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