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is in legal for a judge to set u an ammout to pay based on

Resolved Question:

is in legal for a judge to set u an ammout to pay based on what others make in my profession. im a barber and my child support was set on what barbers make in houston im in a small town nothing like houston. i never made tha money they expected me to, and by my taxes that was filed it shows that i didnt. should in still have to pay where they set it or should it be lowred according to my tax report??? im in texas. another thing being that its my responsibility to have tha children insurred why does tha mother have tha right to not let me insure tha kids under my insurrance??? the attorney general would not let me change tha insurrance "even tho it would lower what i had to pay" because the mother said no . is tha legal??? the A.G said i was only suppose to pay 9% of what i was making monthly which is likd $1200  by court order ,which comes up to like $199 and i pay close to $400 but it was  nothing she could do unless tha mother said yes. is tha legal???
Submitted: 3 years ago.
Category: Family Law
Expert:  socrateaser replied 3 years ago.
is in legal for a judge to set u an amount to pay based on what others make in my profession. im a barber and my child support was set on what barbers make in houston im in a small town nothing like houston. i never made tha money they expected me to, and by my taxes that was filed it shows that. should in still have to pay where they set it or should it be lowred according to my tax report???

A: No. Child support must be based upon actual income, unless proof that (1) the obligor parent has the talent and ability to earn more, and (2) that there is work available commensurate with the obligor parent's talent and ability.

The evidence supporting the above must appear in the court record. It cannot simply be presumed to exist.

another thing being that its my responsibility to have the children insurred why does tha mother have tha right to not let me insure tha kids under my insurrance???

A: The mother has no such right. Health care should generally be provided under the obligor parent's coverage.

the A.G said i was only suppose to pay 9% and that i was paying too much but it was nothing she could do unless the mother said yes. is tha legal???

A: No, it's not, unless there is some settlement agreement in which you agreed to pay this amount, no matter what the future may bring.

You may want to appeal the OAG decision to the family court.

For a family law attorney referral, see this link.

Hope this helps.

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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34819
Experience: Retired (mostly)
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