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My husband wants to pay for 10% child support as he wants to…

My husband wants to pay...
My husband wants to pay for 10% child support as he wants to spend time with our 15 months old baby for 3 of my work days. His reason is he is spending more time with her and paying for things while with her. But she gets up at 8 and I feed her breakfast, lunch is made packed, dinner is with mommy too he gets her back to me after my work. He might spend money taking her to the zoo for tickets. He says 3 days is almost half week so he can only pay 10% child support. My question is does the court calculate child support based on physical custody? However, he said he will be willing to share the cost of day care in the future which maybe next year or after next year as baby is still nursing. I got laid off last August and since September he wanted a divorce he told me at couseling last week. He filed on January 22 and I have limited time to respond. He closed our family account and only gives me and baby $150/w. Hopefully I get a job soon. Please help me explain how to negotiate the child support.
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Answered in 3 minutes by:
3/10/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 876
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I'm sorry you are experiencing this issue. Can you tell me where you live - in which state as there are different ways through the US as to how child support is calculated.

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Customer reply replied 4 months ago
I live in Kingwood TX in the Greater Houston Area 77339. It’s filed in Harris County.

Texas uses and very particular model for child support where a percentage of the non-custodial parent's income is allocated for child support. The percentages are as follows

1 child 20% of Obligor's Net Resources

2 children 25% of Obligor's Net Resources

3 children 30% of Obligor's Net Resources

4 children 35% of Obligor's Net Resources

5 children 40% of Obligor's Net Resources

6+ children Not less than the amount for 5 children

It is parenting time is not directly taken into account.

I have also attached here a link to a noncustodial parent's guide to child support. I wanted you to see this as it does not address parenting time.

This is important. Your husband may want to only pay 10%, but the state of Texas will want him to pay 20% because that is what the law says. In that fight, the state of Texas, you and your baby win. The child support would most likely be 20%.

The best way to negotiate child support is to agree to accept what you are entitled to. Daycare expenses, if shared, could be used as a deviation, but if the two of you are sharing them, that only pays for the daycare, nothing else for your child.

If a Court is going to award 20% of his income, I would be hesitant to accept less. His keeping more of his money does not mean it will be easier to pay your bills.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 876
Experience: Family Law Attorney in Private Law Firm
Verified
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