Question about Child Support
Hello All. Am a 40 yo noncustodial SD, married to DW with 2 SS, 8yo and 4yo. Divorce was final last November 2009 and child support was based on her income as a full time LVN in Texas (even though she was only working part time at the time of the divorce - had to go from full time to part time because of horrible temporary orders). Anyway - child support was set last November 2009 when the divorce became final. Today she gets a letter from the Texas Att. General that she has a "Child Support Review" next week. She is in clinical rotations in nursing school and can't make it. I am employed full time, and have been covering the SS with my health insurance (and paying the child support) since the divorce.
My question is/are: Since we married - will the child support payments be based on my salary?
She is not working at all now since she is in nursing school - will child support be lowered to minimum wage?
Thank you to all in advance. It is so wonderful to have access to this site and to know that I am not alone.
My DH is currently in school
My DH is currently in school and was working minimum wage and we got our support order dropped by almost half. Most states don't use step parent income so they would probably use imputed income for her, and I hope they wouldn't go too hard because she IS in school.
Your income most likely will
Your income most likely will not be considered by the court. No, her CS will likely not be lowered to minimum wage. When someone who is trained, educated and capable of earning a high income and chooses not to work in that field the courts will usually calculate CS based on an imputed income based on that persons earning potential and not on actual income.
By the way ..... Welcome to the community. I hope you find it a good place to vent, contribute and pick up some useful advice from others navigating the challenges of blended family life.
Good luck.
No, you're income won't be
No, you're income won't be considered. No, child support won't be lowered to min wage. They will base it on her 'potential' income and more than likely will use her payroll checks or tax returns to figure out what she is capable of making. My dh was unemployed becuse he got laid off and the AG took half of that unemployment check for child support! Even if she is going to school the court will say she has a responsibility to her child.
My advice: she needs to be there! If she's not then they will make a decision without her. They can even do conference calls too. Or try to reschedule. When she goes in she needs to try to negotiate a reasonable amount and hope that her and her ex come to a reasonable agreement. What is her relationship with her ex like? If she agrees to that amount then she can sign off on that. If they are insisting on an amount that is way too high then tell her NOT to sign!!! Once she signs that is it. It goes into effect. If shefeels it is too high and doesn't sign then she might need to find an attorney to help her get it set at a reasonable amount. But if she doesn't sign the first time then she has a limited time to file for a court date. Mediation is also an option. If her ex agrees to mediation then whatever is settled there then the judge will okay. Also, they shouldtake into consideration how muh is paid for the child's health insurance. They should deduct or give credit for that amount. Good luck!