Legal Question in Family Law in Texas

Max Amount for Child Support
My husband owes back child support on 3 different cases thru the attorney general. He was laid off for the last year and tried working for different temp companies but never found a permanant job. He took a pay cut went from a $18 an hour job to one that is permanant but only $7.50. The attorney general has refused to reduce any of his orders stating they are within the limits? I faxed his court orders to his employer to make sure the child support will start being deducted. When he got his first check they deducted the correct amounts for the child support but out of a check of 798.69 (which includes 17.66 hours of overtime) they deducted 393.69 for child support so after taxes he only made 270.82. We told his employer they cannot take more than 50% of his income. They disagree and say he has to pay his full amount ordered regardless whether if its excessive or not. How do we prove to them they can only take 50%? Also can they take his overtime as well. I thought it was only his base income? Thanks

Asked on 3/26/04, 7:55 pm

Fran Brochstein Attorney & Mediator

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Re: Max Amount for Child Support

Over-time is counted. Sorry!

In fact, ALL sources of income (including rental houses, investments, etc.) are counted in determining his income.

You need to hire an attorney to lower his child support. You need to see a Judge -- not the Texas Attorney General!

Good luck!

Fran Brochstein

www.familylaw4u.com

Answered on 3/27/04, 3:51 pm

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