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I have joint custody in Texas with my ex-wife. We have two

children and the kids change...
I have joint custody in Texas with my ex-wife. We have two children and the kids change homes every Monday. We live about 2 miles from one another. We are both remarried. I have a one year old with my new wife and am expecting one on the way. I pay $475.00 each month as well as health insurance, daycare and most extracurricular activities. With additional children and the fact that we get the kids 50% of the time, should I be paying $475 each month? I heard it could decrease a certain percentage if I had additional kids.
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Answered in 24 minutes by:
11/2/2009
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,043
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Thank you for contacting Just Answer.

 

The birth of a new child is a significant change in circumstances that could lower the amount of support you are required to pay. However, you will need to file a motion to modify support and have the court order changed in order to do it -the court will not do it on its own accord.

 

With respect to custody, even in cases where the parents act as joint conservators, Texas statutes still require that where one parent is required to pay support, it be based on the number of children they have. Thus, for two children, Texas statutes require that 25% of the net income be paid. Although I don't know your monthly net income, I am guessing that the amount you pay is equal to 25% of your earnings. It is also now required under Texas law that a parent paying support carry medical insurance for their children. However, you can also ask that this be modified if, for instance, you want your ex-wife to have to carry it, or you want all non-covered medical expenses to be shared, etc.

 

Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.

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This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

 

 

 

RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,043
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Customer reply replied 8 years ago
Our divorce was finalized in KY. Does that make a difference? I am self-employed and my net is about $75K per year. My ex-wife was working part-time when we got divorce and has been full-time for awhile. It doesn't sound like additional children makes a difference. I also don't want to end up paying more. With the $475 per month, childcare, extracurricular activiites and insurance, we are probably okay. Do they take her income into consideration at all as well as the fact that I have them 50% of the time?
Thank you for your reply.

With respect to the divorce being finalized in Kentucky, the Uniform Interstate Family Support Act ("UIFSA") applies to your situation. This uniform law attempts to avoid multi-state support actions by favoring litigation in the state where the child is living. The state that originally issued the child support order has exclusive, continuing jurisdiction to modify the order unless both parents and the child no longer live in that state (which is the case here). In this circumstance, the state in which you and your child live now, Texas, has jurisdiction to modify the support order from Kentucky. The state in which the original order was entered simply has jurisdiction to enforce its own order.

Unlike some states, Texas does not consider the income of the other parent in calculating child support, only the income of the obligor. Therefore, your ex-wife's income is not a factor. Similarly, Texas does not take into account the amount of time you have the children -it is a set formula laid out in the statutes that bases support off your income and the number of children you are paying support for. However, please do not misread my earlier response regarding your new child. The birth of a new child is a substantial change in circumstances that can result in a modification of your support order. What you need to do is after the birth of the child, file a motion to modify support. Often a judge will hold a hearing on the issue, but not always. The judge will either then grant or deny the motion. If it is granted, then your support amount will be lowered within the terms specified in the order.

DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.
This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

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