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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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If im getting a divorce and I have no debts under my name and

Resolved Question:

If im getting a divorce and I have no debts under my name and my spouse has 90,000 so because of community law I'm guessing I will take 45,000 of the debts? and we have two kids which I will seek joint custody but he gets joint physical custody since I'm working in afghanistan as a linguist if my net pay is 170,000 and his pay his 100,000 a year, does that mean I have to pay an estmate of 45,000 a year for child support? So I will get 45,000 of his debts and 45,000 for child support will that be fair or am I calculating wrong?
Submitted: 6 years ago.
Category: Family Law
Expert:  Samuel II replied 6 years ago.



If the debt was his before the marriage, you may be able to negotiate out of it. Also, if the debt was during the marriage, it depends on what the debt is for - was it for his sole pleasure or was it for necessity to help the family. Those things are all considered when deciding who gets what portion.


As to child support, if is based on guidelines and who has the children the greater portion of the time and net income.

Net income is calculated by subtracting only 5 items from the parent's gross income which includes commissions, overtime pay, tips, bonuses, interest, dividends, rental income, royalty income, trust income, retirement income, disability income, etc.


Those items to be deducted are social security taxes, federal income tax, state income tax union dues, and health insurance premiums for the children. The proper applicable percentage is calculated by determining how many children the paying parent has an obligation to support.


You should consider consulting with a local Texas attorney, of course, before signing or agreeing to anything.


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