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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37045
Experience:  30 years as a family law lawyer .
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My Ex and I got divorced in CO. I am supposed to pay child

Customer Question

My Ex and I got divorced in CO. I am supposed to pay child support for 2 kids.
Child support was gender independent, we both are custodial parents and share the kids 50/50. We then moved to TX for Ex's education.
Can my Ex file in TX and demand more money for child support? I understand than Tx levies 25% of total income in child support which is much more than CO.
Also, the divorce decree states that child support has to be calculated based on gross income, she withdrew her 401k and had to pay tax/penalty this year, we have had disagreement (as always) and she states that "investments" are although taxable are not part of gross income for calculation of child support.
I want to pay what is fair, not more not less. Help?
Submitted: 6 months ago.
Category: Family Law
Expert:  RayAnswers replied 6 months ago.
Hi and welcome to JA. Ray here to help you today. Let's go through this. Can my Ex file in TX and demand more money for child support?Yes since she has relocated there. I understand than Tx levies 25% of total income in child support which is much more than CO.Thats correct for two kids and thats net income--thats your gross minus one deduction..Also, the divorce decree states that child support has to be calculated based on gross income, she withdrew her 401k and had to pay tax/penalty this year, we have had disagreement (as always) and she states that "investments" are although taxable are not part of gross income for calculation of child support. This is up to the judge it is a one time boost to her income, the judge might well consider that if it is a significant sum here.
Expert:  RayAnswers replied 6 months ago.
able 1 Texas Child Support Guidelines: Percentages of Net Monthly Resources per ChildOne Child 20% of net resourcesTwo Children 25% of net resourcesThree Children 30% of net resourcesFour Children 35% of net resourcesFive Children 40% of net resourcesSix Children Not less than 40% of net resourcesFor example, if average net monthly resources are $3000, then monthly Texas child support under the guidelines would be:$600 for one child ($3000 x 20%)$750 for two children ($3000 x 25%)
Expert:  RayAnswers replied 6 months ago.
Texas law A judge may adjust child support up or down from the presumptive amount under the guidelines depending on:The age and needs of the child;Educational expenses beyond secondary school;Provisions for health insurance and payment of uninsured medical expenses;Extraordinary educational, health-care, or other expenses of the parties or the child;Any resources available for the child's support;Whether either party has managing conservatorship or possession of another child;Each party's period of possession or access to the child;Child care expenses that allow either party to maintain gainful employment;Each parent's respective ability to contribute to the child's support;The paying spouse's earning capacity if intentionally unemployed or underemployed and any deemed income;Spousal maintenance paid or received;Benefits such as a car, house, or other benefits paid by an employer, another person or a business;Paycheck deductions other than those already factored into calculating net monthly resources;Cash flow from any real or personal property including businesses or investments;Debts assumed by either party; orAny other reason consistent with child's best interest, taking into consideration the parents' circumstances.The judge is not allowed to consider these factors:A history of voluntary payment above the guidelines amount;The sex of the paying spouse, the recipient spouse, or the child; orThe marital status of the child's parents.
Expert:  RayAnswers replied 6 months ago.
For child support purposes, Net Resources = total earnings, minus Social Security taxes, income taxes for a single person, and dependent health insurance. Thanks for the chance to help you today.I wish you the best here.