Legal Question in Family Law in Texas
My husband (soon to be ex) works mostly for tips, so his income varies greatly from month to month. We both agree, though, to child support of 20% of whatever his income is, to be withheld from his paychecks. My lawyer, however, says he cannot put that in the divorce decree, that it has to have a specific amount. Is that true, and what happens on the months that my husband doesn't make enough to pay that amount due to low tips?
1 Answer from Attorneys
A child support order has to be expressed in a number of dollars - not a percentage.
The court order (child support order) will not have any provisions for what happens in the future if the payor's income changes. In other words, if Dad's income goes down, the child support stays the same for that month, and has to be paid; if Dad's income goes up one month, child support doesn't increase.
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