LawyersKey - Lawyers Key » USA Laywers » Houston Lawyer » Child support please help?

  #1 (permalink)
: My dad sends me 1000 dollars per month and now he wants to send me 700
So how much money did he use to get and how much money does he get now
Is there a percentage that child support makes you pay
All I know is that he owns a house that cost him 207,000 and rents a 120,000 acres worth of land and gets paid 11,000 per month.
How much money does he get.we live in Houston,Tx
My mom doesn't want his money.she just put child support on him so I can have money since he is not in my life.

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  #2 (permalink)
: Each state (assuming you live in US) has a different formula used to calculate child support. There are many variables involved, so figuring out how much he makes is not possible just based on what he is ordered to pay.

Besides, why do you care? You are getting money that is meant for your mother. If you get any of the child support money, you should be lucky. It's not meant to be given to the child or used exclusively on the child. It's used to help with the cost of raising the child, which includes many things that don't go directly to you.
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  #3 (permalink)
: Your Mom should contact her lawyer for this matter. Anytime there is a change in finances, your Mom or Dad's, they are suppose to report it. (job change, loss of change, etc) This way it is legally stated the amount your father should be paying. They usually add up the amount of income of both your parents, and then decide how much a month is needed to provide you with daily needs (food, clothes, electricity, rent) then from there decide what your father should be sending. Just have her contact her lawyer, and ask... then she can go from there if she needs to take legal action.
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  #4 (permalink)
: You should appreciate what you have and what you get, my mom only pays 50 dollars a month.
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  #5 (permalink)
: It all depends on what % custody your dad has and how much he makes$$$. Your dad would have to readjust his child support in court with you mom present and she would have agreed to it and the courts, OR it was in the initial child support agreement from the beginning, on the $$ amounts.

Texas law provides a mathematical formula to calculate the amount a noncustodial parent will owe in child support.

Net income includes the following:

100% of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
interest, dividends, and royalty income;
self-employment income;
net rental income (defined as rent after deducting operating expenses and mortgage payments, but NOT including non-cash items such as depreciation); and
all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.

What constitutes income and what deductions are allowed for self-employed persons can get quite complicated. Consult an attorney to discuss specific circumstances in calculating child support.

If your income varies over time, the courts may take your average income over a period such as your average income over six months to one year.

How does the court decide the child support amount?

Texas has established a formula to calculate what amount a non-custodial parent should pay for child support. If a non-custodial parent’s net monthly income is less than $6,000, Texas law has established the following guidelines for child support payments. The amount withheld is based on the net income each month.
• 20 % for one child
• 25 % for two children
• 30 % for three children
• 35 % for four children
• 40 % for five children
Not less than 40 % for six children

In order to change your child support, prove to the court that:

the circumstances of the child or a person affected by the order (such as yourself), have materially and substantially changed since the prior order was rendered; or
it has been three years since the order was rendered or last modified AND the new child support amount would be at least 20% or $100 per month less than the old child support amount.
The court may also order you to seek employment or participate in an employment-training program, such as those offered by the Texas Workforce Commission.

What are the steps for getting a judge to change the child support?

A Petition for Modification must be filed in the same county and court where the original order, or most recent modification, was filed. This court is the “court of continuing jurisdiction.” You must file in this court even if both parents no longer live in that county. There are ways to have the case transferred to another county, but that is beyond the topic of this article. Suffice it to say that you must file in the same court, at least to start. In the Petition you may request that the court schedule a hearing to decide whether your child support should be lowered.

You, or your attorney, must have a copy of the Petition for Modification served on the other parent, along with notice of the hearing date set by the court.

Present evidence at the hearing about your new income such as recent pay stubs or unemployment check stubs, or other documentation to show that the income has materially and substantially changed. If you represent yourself, you are expected to know all the rules of procedure and evidence. The judge is forbidden from giving you any advice, such as how to get your pay stubs admitted into evidence.

This article is only intended to provide a basic understanding of child support and how it can be changed. It is directed more toward the parent who is paying the child support obligation, but much of the content applies to either parent.

Due to the complexity of issues involving children, be it child support, visitation, custody, or otherwise, consider seeking the assistance of an attorney. It is much less expensive to prevent a problem than it will be to repair the damage after the problem arises. Additionally, even if you are able to get the judge to sign the orders you prepared on your own, it may be unenforceable if certain language is not included.

Either parent may request a review of the child support order every three years, or more frequently if there has been a material and substantial change in circumstances, by contacting the Child Support Division of the Office of the Attorney General.
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  #6 (permalink)
: You should be happy if you get any money at all. I havent gotten a dime from my daughters father. I never saw any of the money my dad sent either, my mom used it to help pay bills and stuff like that.
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  #7 (permalink)
: There is a rough calculation for it based mostly on his income and some other factors. Here is a law article on understanding how child support is calculated: You would need to know his income, which you apparently do and it's pretty huge.
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  #8 (permalink)
: First, all child support is rebuttable, meaning he can make a case for paying less. If he is paying less, then his income has dropped.
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