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Texas child support question, please help

Posted by on Apr. 12, 2013 at 10:04 AM
  • 8 Replies
I know childsupport will be reassessed every 3 years by the state. My question is does the state automatically change the amount paid per month or does the custodial parent have to take it to court again to get it adjusted? My husband already pays $695 a month plus insurance for 1 kid. This amount was set 3 yrs ago, before we had our son. Every year he gets a $1 per hr raise and he has been there 3 yrs. I have already done some research and found that since we have a son and he supports him full time, it would drop his child support amount from 20% to 17.5%. We aren't really worried about it changing even with the raises he has gotten over the last 3 years because it should stay about the same factoring in now that we have another child. But my other question would be on overtime. Overtime isn't consistant where he works. Some times its all you can take, sometimes it is just a few extra hrs a week, and sometimes it is shut down completely and those periods are usually for months. Will overtime be factored into his childsupport, or will it only be the straight 40 hr week?
by on Apr. 12, 2013 at 10:04 AM
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Replies (1-8):
krisnkids
by Gold Member on Apr. 12, 2013 at 10:09 AM

Actually, you and him having a child will not affect his first child's child support at all.  Courts assume that he is already paying that and adults wouldn't have another child if they could not afford to support subsequent children. 

For the overtime, what the courts usually do is take the gross amount for the year so it balances out the overtime. 

If the child support goes through CSE then it is automatically reviewed, if not then I believe one must request a review.

Mommyto2LilMen
by Tina on Apr. 12, 2013 at 1:10 PM
I believe you have to request an eval.
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easinpc
by Gold Member on Apr. 12, 2013 at 1:11 PM

I don't get child support so I'm not sure, but here's a bump for you!

jamamama00
by on Apr. 12, 2013 at 1:26 PM

I have always had to request it be sent back to court. The rule is that it can be reevaluated every three years, but I don't think they will automatically send it for review unless the mom is on state assistance like WIC or Medicaid, or unless he isn't paying. As for the overtime, I've heard different things, so I'm not sure if different judges have different ways of calculating, or what. I've heard some say that they take the yearly average using last year's pay stubs or tax returns or whatever. I've heard others say that the judge averaged out the overtime for the three months before you went to court.

brieri
by Platinum Member on Apr. 12, 2013 at 8:58 PM

 

Quoting easinpc:

I don't get child support so I'm not sure, but here's a bump for you!

 lol.  You sure like to see those bumper cars go crashing don't you. 

MIMIBRIE
by Jayme on Apr. 12, 2013 at 11:24 PM
You have to request one. But I've gotten the paper mailed to me right around out three year mark. They look into it to see if there's enough of a difference then go from there.
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DDDaysh
by Silver Member on Apr. 18, 2013 at 4:07 PM

 Either party can request the reassessment, but it does have to go either through the AG office where the parties agree on an amount and then have a judge sign off, or through court. 

Generally they'll take an average of what he's made over the last few months for overtime. 

Oliviasmom72
by Bronze Member on Apr. 18, 2013 at 9:55 PM

 

Not true. Actually TX guidelines as well as my state AZ do factor in subsequent children. It may not be the only reason he can get a decrease but it will probably prevent the mother from getting an increase. overtime is averaged out I believe and it couldbe up to the judge.

Quoting krisnkids:

Actually, you and him having a child will not affect his first child's child support at all.  Courts assume that he is already paying that and adults wouldn't have another child if they could not afford to support subsequent children. 

For the overtime, what the courts usually do is take the gross amount for the year so it balances out the overtime. 

If the child support goes through CSE then it is automatically reviewed, if not then I believe one must request a review.


 

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