Legal Question in Family Law in Texas
Monetary Split
My husband needs advice. His first wife is threatening to take him to court for more money, which we don't have. He wrote the following to the legal assistant today:
I made 47K last year and less the year before.
I have a new daughter born 5/20/04.
The split is 20% 25% 30%, per 1 or 2 or 3 children.
Amanda receives 300 monthly and I cover insurance.
I have calculated this to be 335 total I should be paying for Amanda's Child support. That includes med. insurance. The amount I am paying now is more than the previously mentioned amount.
Is he correct? Thank you so much for your advice. It is very much appreciated.
2 Answers from Attorneys
Re: Monetary Split
Child Support is calculated on "Net Resources Available"
Using your numbers, $47,000 equals $3,916.66 per month, gross. The Texas A.G. tax chart shows a net of $3,074.93 based on that income.
If he has two (2) total children, with one (1) involved in this case, the percentage is 17.5%
Without any health insurance numbers, 17.5% of $3,074.93 is $538.11 per month.
As an example, and just for illistration, if the health insurance costs $200.00 per month, subtract that from the net income = $2,874.93, and 17.5% of $2,874.93 is $503.11 per month.
There are many other facts that may go into a child support calculation. If your husband has been served, or received papers from another attorney, he needs to contact a family law attorney in his area for a consultation.
Thank you for your inquiry.
Re: Monetary Split
If the case is in the Houston area, you can call me for a free phone consultation.
Good luck!
Fran Brochstein
www.familylaw4u.com
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