Child Support Question - McKinney,TX

TX doesn't take into consideration how many overnights each parent has (like other states do). They ONLY look at what the NCP makes and they take a percentage of that (25% for 2 kids). The CP could make double the NCP and they could have 50/50 physical custody and the NCP would still owe the CP that percentage.

That being said, they can agree to whatever THEY want. My ex and I have 50/50 physical custody and we used the OK child support calculator to determine what we thought was fair b/c OK takes into consideration the number of overnights each parent has. OK also takes into consideration what each parent makes. I only make 5k less than my ex, so he pays me very minimal CS due to the 50/50 physical custody and almost equal earnings.

Whether one spouse or the other gets child support depends on the income of each. The idea in the courts mind is that the children shouldn't see a huge differnce in lifestyle going between the two parents.

In my case I had been a stay at home mom for 18 years, I had to go back to school to increase my earning potential. I got spousal support while I was in college and still get child support because our incomes are no where near close.

Every case is different, but I personally know people who have very similar routines worked out. In both cases, yes, the Dad still pays child support. It's also standard for 1 parent to carry the child on their health insurance, I've never heard of that being a joint cost.

Just because a child spends their time evenly between the 2 parents, if one makes, say, $100k a year & the other makes $30k a year, shouldn't the higher paid parent provide support for the time the child is not in their custody? It makes sense to me.

The thing of the matter is - whether you wish it to be true or not - is that men make more money than women do - period. Even in female dominated jobs!! Also, because men are not the stay at home caregivers generally and men do not loose time from paid wages during pregnancy for Dr visits, labor, childbirth and recovery from child birth - their social security can be guaranteed to be MUCH higher than a woman's.

His social security up until his disability started is most likely over 4 times higher than your Step Mother's is. His net worth is probably higher as well.

$1k difference is a HUGE difference! How can you say otherwise? DAMN - If I made a $1K more a month... that would be amazing!

I think you are simply biased - truthfully...

I guess it depends. If they come to an amicable agreement then it is really no one else's business. Maybe he agreed to pay child support and he gets to keep the house or something? I don't know if they own their home or whatever, but I am just giving an example. Is your father mentally disabled that he is unable to negotiate for himself? Unless that is the case, I personally think you should try to stay out of it. You have no idea what all of the terms and conditions are and there may be things that you have no idea about. Also - if she is not working or makes less than he makes, then he could be required to pay child support because her income is less than his so it would help to make up the difference.

When parents share physical custody what is normally done is to figure out how much mom would pay dad if he had full custody and what dad would pay mom if she had full custody and then split the difference. So if mom would pay $500/month and dad would pay $600/month, dad ends up paying mom $100/month. It is typical that one parent puts the children on their insurance (this is usually calculated into the figure but not always) and anything not covered by insurance is paid in proportion to the parents' incomes (50/50, 60/40...whatever the case may be). You should be able to look up a child support calculator online to see if things seem to be in the right ballpark for your father. Your father should also strongly consider getting his own attorney to review the divorce decree before it is finalized and consider having a provision covering future college expenses. Best of luck to your dad!

Well obviously laws are different state to state, but it sounds like your father and mother had joint custody, basically she was the legal parent but he saw you kids every other weekend or what not and paid support. That is a standard joint custody agreement as far as I know and what I have dealt with. Now by splitting time 50/50 it sounds like your father and step mom are doing a shared parenting agreement, and if so it should be worded as such, this should eliminate any and all child support obligations because as you said each parent will be supporting the child half the time. That being said there should be something in the papers that allows for who provides insurance and how medical/school expenses are split.

If it is worded as joint custody, but your father has an alternative visitation schedule that gives him more time with the kids, then chances are he will have to pay support to the residential parent, your step mom.

Something else to consider, in most cases where child support it paid it is the custodial parents obligation to send clothing ect. when the children are with the other parent, provide half the transportation, and pay all school fees and copays for health care. While the non-custodial parent basically just provides insurance, pays child support, and feeds the children when they are with them along with basics such as toiletries and a place to sleep.

Courts will also take into account the amount of time kids are with each parent and the income of both parents if it is brought to their attention. I have custody of my middle 2 kids, but they do see their father more often than the court papers specify and he pays for a lot of their activities and provides clothes ect. for them when they are there, this was explained during our divorce and he pays less support because of it. We also only used 1 attorney and basically had the papers specifically drafted to meet our needs because it was a very agreeable process for us.

Bottom line is that this is between your father and his wife/ex-wife. If he asks for your opinion then you can share your concerns but if he doesn't ask, please stay out of it.

It sounds like they've decided to use one attorney and to work out an agreement on their own. As long as they are satisfied with the arrangement it's no one else's business to question it.

I think the interpretation is that the standard of living for the kids needs to be constant. So whatever they need now, they will need after the divorce. If your dad makes more money (and 1K is a lot) then he should be making up the difference.

Yes, unfortunately this is the way it works, unless they can mediate differently. The idea behind child support is to keep the kids living they way they would if the two parents were together. If they let the courts decide they have to prove their incomes and there are guidelines that are used to assess how much child support should be, this usually includes medical and dental care as well. It sounds as if he is not the primary custodian, which means he is the "responsible" person, that usually means the person has to help in the care of the person, your mom is the primary, he is secondary. This discussion doesn't take into account a persons debts because those are the person's responsibility above and beyond the care of their child (which makes sense if you think about it). IF your parents are trying to be friendly, the best thing to do is mediate. Find out what works best for them. Maybe your dad pays all school fees, X amount a month for food, clothing, etc. But it needs to be thought about, talked out and then put into writing.
Divorce is not easy, in fact it can be down right ugly when kids are involved. Tell your dad that if he has questions he can usually talk to a lawyer for the first hour for free, or go to the local bar association. Tell him to keep DETAILED records. Judges don't like "he said, she said", facts are what matter. Good luck to you, and them, and the kids....

I'm not sure how they calculate in TX, but in MN there is a specific calculation that is done that takes into account many things - parenting time, income of both parties, childcare costs, insurance costs, etc. Shared parenting does not necessarily mean that no money changes hands. It is available on a website.

If TX has a calculator like that, this helps the financial arrangements be "fair". Before we had that in MN, however, support tended to land heavier on the father. If your father is on "full disability" (like my ex is) then he is likely receiving money each month for each of his minor children. He may also be eligible to receive health insurance for his children, because of his disability. What I'm saying is, that you may not be aware of all the financial details involved in coming up with their divorce agreement.

If you feel like your father is being taken advantage of, however, you might want to suggest that he get his own lawyer.

they need to go to family court about this so that he doesn't get stuck with having this agreement over his head.

A friend of mine is going through a divorce. The only minor still left is 17 and both parents agreed to not have child support. The court commissioner said no and that child support had to be paid. There is no visitation schedule set up and they share custody, but he still has to pay her 17% child support. The court commish said the child won't suffer just because the parents are getting divorced.

My exH has to pay 17% of what he was earning at the time of the divorce. He only pays 1/2 of the medical though.

Sounds like your dad needs to get a lawyer of his own to look at the papers. Usually 50/50 splits that I know of don't have child support. And medicel is paid 50/50 as well.