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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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I was divorced back in 2013. My ex husband sold s company 8

Customer Question

I was divorced back in 2013. My ex husband sold his company 8 months ago for 95,000,000. Yes you read that right. He currently pays 4500 in child support for our 3 kids. Does Texas max out at the amount you can collect in child support? I have an arbitration hearing today with him on another issue. I went on the Travis County website and used their child support calculator and it's saying he should be in excess of 30k per month. Please let me knwo
Submitted: 8 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 8 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Texas Family Code, Section 154.125 only provides for up to $8,500 of the non-custodial parent's monthly income to be considered when paying child support (once adjusted for inflation). Under Section 154.126, for a non-custodial parent making more than that, the custodial parent has to establish that the children's needs require a higher support amount, after consideration of your income. Run the calculation again assuming an income of $8,500 along with your salary and see what result it gives you. To get more than that, you'd have to prove that your children have additional expenses that you can't cover on your own (usually, that means ongoing medical expenses not covered by insurance).

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

Customer: replied 8 months ago.
What about if there is a lifestyle that the children have become accustom to due to their dads wealth and the lack of mine. Their father takes them on 50,000 vacations, private jets he lives in a 8,000,000.00 house. Is there anything about the kids not having a drastic change from house to house?
Expert:  Lucy, Esq. replied 8 months ago.

The guidelines aren't really set up to work when one parent is extremely wealthy, because that's not the norm. Usually, having one parent pay 30% of his income is a great equalizer. You can try showing the judge the difference in conditions, and ask for an additional amount to help them enjoy similar styles of living. But the burden is on you to establish why your children need that money.

Customer: replied 8 months ago.
if the father is bringing proof in to try and stop paying me child support all together because at the moment he has full custody. I failed a soberlink test back in April of last year, which gave him the right to to take the kids until we met with an arbitrator. The arbitrator wants to meet on the possesion schedule later ,but today is a meeting on removing the child support. Wouldnt it be best for the arbitrator to hold off on making that decision until she made the decision on giving me 50/50 possesion schedule again?
Expert:  Lucy, Esq. replied 8 months ago.

If both decisions are pending, yes, it would make more sense to decide custody before support. The mediator could temporarily suspend support until custody is decided, but you can also ask to stay the support case until the custody case is decided.

Customer: replied 8 months ago.
Is there a legal form that would need to be filed for the stay? She made both of us do a Proposed Support Decision. On that form I raised the amount of money I was currently getting to accommodate new needs. Do i have a right to increase this in the arbitration or can I only defend his request to remove it all together?
Expert:  Lucy, Esq. replied 8 months ago.

As long as he has sole custody, you don't have any right to any child support. And that unfortunately means you cannot argue to increase support right now.

Texas unfortunately doesn't put free forms online for stuff like this. But you can type up a document explaining that, if custody is restored to 50/50, you will need child support and that it's therefore in the interests of justice to make that decision BEFORE hearing the child support case. You can include in your motion all the reasons you think you're likely to get custody back.

Customer: replied 8 months ago.
The filed a Motion for Temporary Orders.
Expert:  Lucy, Esq. replied 8 months ago.

You can reply to their motion and ask for your own temporary orders in the same document.

Customer: replied 8 months ago.
The only reason he got sole custody was because If I ever failed a test then we had to go to arbitration before he could give them back. Would he be entitled to back support for what he has paid? We had to go to court ordered co parenting facilitator and my ex kept saying he would try to work it out during that which he never did. Is there an official form tho that would be filed to request that? I can try to find it or find something like it to use as a template
Expert:  Lucy, Esq. replied 8 months ago.

He's not entitled to a refund of support paid if he didn't ask to terminate it. That's his burden.

Texas unfortunately does not produce official forms and publish them online. You could try calling your local courthouse to see if they have paper forms available.

Customer: replied 8 months ago.
This is what he filed...If I could get the form what would it be called? I uploaded the form they filed. So I reply to it saying what?
Customer: replied 8 months ago.
If the arbitrator ordered both of us to turn in the proposed support decision and monthly expenses are required along with the opening line that says "I attend to ask the court to set support at" wouldn't that be the time to request increase since I have to turn it in anyway
Expert:  Lucy, Esq. replied 8 months ago.

They did not file a form. They filed a document that a lawyer created for them. You can create your own response and file it. Unfortunately, telling customers how to respond to filed documents is beyond the scope of this site. You would have to hire a local attorney to do that.

Most likely, if a form existed, it would be called something like Reply to Motion for Temporary Orders. But it depends on the court.

Expert:  Lucy, Esq. replied 8 months ago.

If the mediator TOLD you to submit a child support request, then you should follow their directions. The general information provided through this site should never override specific instructions from your local court or mediator.

I have to sign off for a bit for an appointment. This unfortunately happens sometimes because experts have no way of knowing how much time customers will need for follow-ups. If you have any more questions, I'm happy to answer them when I return. I apologize for the inconvenience.