IN TEXAS, CAN THE STATUTORY CAP BE APPLIED TO ONE CHILD BUT NOT TO ANOTHER CHILD FROM A DIFFERENT MOTHER? SAME FATHER, SAME INCOME.
State/Country relating to question: Texas
The mothers of the children must have separate child support orders against the father in order for the child support enforcement authorities or the family court to take into consideration the fact that the father is paying to support two children in the statutory calculation (the calculation allows for the support of more than one child but there must be support orders in place) -- the court must be made aware of both children and then the payment order should be adjusted accordingly and the payments to both children should come under the statutory cap from his income (which can go as high as 50% of father's income for two children if there are any arrearages owed to either mother).
Please let me know if you have more questions.
THE REASON IM ASKING IS BECAUSE BOTH OF US MOTHERS HAVE COURT PENDING ON CHILD SUPPORT ORDERS. THEY ARE NOT FINALIZED AS OF YET. MY PAPERWORK SHOWS THAT I'LL BE RECEIVING $1315 A MONTH BECAUSE OF THE STATUTORY CAP FOR MY 3 YR OLD SON. BUT THE OTHER MOTHER WITH A TWO YR OLD DAUGHTER IS SHOWING TO BE RECEIVING $2100 A MONTH. WE HAVE THE SAME JUDGE AND THE FATHER MAKES $180,000 A YEAR. SHOULDNT WE BOTH EITHER FALL UNDER OR NOT FALL UNDER THE CAP? WHY WOULD ONLY ONE FALL UNDER THE CAP AND NOT THE OTHER?
You are correct on this and you should ask the judge for reconsideration (perhaps the judge is not aware that the cap was placed on your order and not the other mother's order). Your monthly amounts should be around the same -- there can be a slight difference if one child is a teenager -- support can be bit higher for a teen -- but that doesn't seem to be the case here.
13 years experience, divorce & custody issues, protective orders, child abuse issues
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