Family Law Questions? Ask a Family Lawyer Online.
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).
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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.
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.
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.
You can reply to their motion and ask for your own temporary orders in the same document.
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.
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.
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.