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Was there a court order changing custody to the father?
They still have joint custody.
Thanks for the additional information.
The court will look at income from all sources when it decides on the amount of child support. Generally your ability to pay does not include calculations of bills and debts such as car payments, credit cards, etc. If the non-custodial parent marries again, the court will usually not look at the new spouse's income. However, there are some exceptions. The court will consider a new spouse's income if one of the following occurs:
(1) The parent paying the child support claims that s/he is unable to pay because of debts
.
(2) "Voluntary Impoverishment" - The court may look at a new spouse's income if the custodial parent claims that the parent who owesthe support has left a job voluntarily in order to avoid paying child support
(3) There is a claim that the parent paying child support is hiding assets. [fn.13]
The Earning Capacity of the Custodial Parent - Both parents have the duty to support their children, not just the paying parent. The court will also look at the earnings of the custodial parent. In particular the court will look at the resources which are available to support the children. The court may also look at your capacity to earn more money. The court may also consider the income of a new spouse when determining child support levels.
The Other Responsibilities of the Parents - The court will also look at the other lawful responsibilities of both parents. For example, if the non-custodial parent is paying child support from a previous marriage, the court will consider that obligation also. Necessities of life, such as rent and food will also be considered by the court. However, the court will not reduce child support payments to make it easier for you to pay discretionary obligations. For example, a parent cannot buy an expensive car instead of providing for his or her own children.
Texas as a very complex calculation for child support. Your wife may have shared custody, but if the child lives with the father, support will be calcuated differently than if the child lives 1/2 of the time with each parent.
YOU DO NEED RESPOND if the letter is in the form of a Motion or Petition for Child support.
Because there are SO may factors that the court looks at when it comes to chid support, you really should speak to an attorney who spealizes in family law. You can call your local bar association for a referral. Many times, an initial consultation is free. You can discuss your options and then evaluate how you wish to proceed.
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Legal Disclaimer: This is for informational purposes only and does not constitute legal advice. No attorney/client relationship has been created.
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