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AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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I have a 2 yr old boy and a 5 year old boy my soon to be ex

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I have a 2 yr old boy and a 5 year old boy my soon to be ex husband makes 100,000 a year and I make 170,000 a year my net pay every month with tax taken out is around 10,000 a month and I will seek joint custody but he will have the physical joint custody because I'm working in Afghanistan, so how much is the estimate pay for child support per month for me? and will the bonuses I make also be taken out from child support?
Submitted: 5 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 5 years ago.

Only ball park can be attempted here, but here is what I would look at. First, know that they calculate it on max. $6000/month and then it is discretionary to increase it. The guidelines for the support of a child in Texas are specifically designed to apply to situations in which the obligor’s monthly net resources are $6,000 or less. Yours are $10k/month. If the obligor’s monthly net resources are $6,000 or less, the court shall presumptively apply the following schedule in rendering the child support order:
# XXXXX children

Percentage of Obligor's
Net Resources

1 20%
2 25% This is YOU.
3 30%
4 35%
5 40%
6 or more Not less than the amount for 5 children

If the obligor’s net resources exceed $6,000 per month, the court shall presumptively apply the percentage guidelines to the first $6,000 of the obligor’s net resources. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as appropriate, depending on the income of the parties and the proven needs of the child. Here, your ex makes a decent income and assuming a child does not have major additional needs (such as a disability with excessive costs), you can arguably NOT pay anything above that 25% of your first $6k. (Sections 154.125 and 154.126 of the Texas Family Code.) However, with $10k/month, assuming you are paying for or providing for their health care, I've seen orders where the judge has not stopped at 25% of $6k (or $1500) but has upped it to $2500/month even. I would simply argue that this is not a case where the custodial is not working - rather, he earned six figures and should be able to well contribute some of his income for any additional.

Hope this helps!

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Edited by AlexiaEsq. on 1/1/2011 at 7:48 PM EST
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