Legal Question in Family Law in Texas
Foreign Country Employment
My ex will be working in Saudi Arabia for 3 consecutive years. There are IRS benefits that include not paying income tax provided he follows certain rules. Will child support be calculated on his gross salary or the adjusted amount that reduces his income IRS and SS tax? Also, can the increased child support take effect simoultaneously with the employment contract?
1 Answer from Attorneys
Re: Foreign Country Employment
There will be no change in child support unless the existing order is changed - that means a modification suit must be filed and modification order entered.
The child support guidelines assume US taxes, etc. will be deducted from the gross pay so the Family Code calculation tables are not helpful in determining what his "net" income will be if he works outside the country. You will need help from a CPA who is familiar with the tax rules to explain the "net" figure resulting from the adjusted numbers due to the tax free income.
A word of warning - some of the companies that hire people to work in the Middle East do not honor child support withholding orders.
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