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AttyCBradford
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 617
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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I keep my 2 kids 1/3 of the time ....

Resolved Question:

I keep my 2 kids 1/3 of the time due to my work schedule of 14 days on and 7 days off .. I completely provide for them taking them back and forth to school and cover all expenses during this time above what i pay to the kids mother ... Is this enough to reduce the amount of child support versus the standard 25% if we went to court to set the amount? Divorce paperwork states joint custody but we have not gone to court for child support I have just been volunatarily giving her 25%

Submitted: 1 year ago via ChildSupportLaws.
Category: Family Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

Most likely not

AttyCBradford :

Under the Texas Family Code §154.125 the guidelines for child support are as follows:


 


(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $7,500 or the adjusted amount determined under Subsection (a-1), whichever is greater.


 


(a-1) The dollar amount prescribed by Subsection (a) above is adjusted every six years as necessary to reflect inflation. The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment. The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect. For purposes of this subsection, “consumer price index” has the meaning assigned by Section 341.201, Finance Code.


 


(a-2) The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013. This subsection expires September 1, 2014.


 


(b) if the obligor’s monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order:


 


CHILD SUPPORT GUIDELINES


BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR



1 child 20% of Obligor’s Net Resources


2 children 25% of Obligor’s Net Resources


3 children 30% of Obligor’s Net Resources


4 children 35% of Obligor’s Net Resources


5 children 40% of Obligor’s Net Resources


6+ children Not less than the amount for 5 children


 


Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent.


Customer:

Does it typically require a 50% time split to receive a reduction in child support? Does this vary state to state or run fairly true across the board? I ask because my 25% is a fairly large amount which more than covers any possible expenses and much more. I also provide for them financially 100% of the time i have them and carry their medical coverage.

AttyCBradford :

no it does not run state to state equally and does vary greatly. You would need closer to a 50/50 time split to be granted a reduction in child support, however, if you are supporting them with medical bills and etc, you could go to court and argue that is a basis for a reduction

AttyCBradford :
Customer:

Thank you, XXXXX XXXXX are by far the most beautiful attorney I've ever seen ;) lol

AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 617
Experience: Criminal Defense and Family Law Attorney serving California Statewide
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