child support review

[tankerwife03]

What is the name of your state?tx
have a case thru the ag's office and received papers today in the mail to fill out to see if child support should be increased or not. it has been 8 yrs since this happened so it has been awhile for me.anyways my question is this:
he is now divorced from his 2nd wife and they have a child together-he just got divorced in august 2005.we got divorced in 1997..our children that we have together are 12 and 8..wil his child support increase now or decrease? he is over 12,000.00 in arrears ,has been to jail before for not paying.. he lives in ohio and never contacts the kids at all..so more or less is it worth filling out these papers or not??tia

 

[Gracie3787]

What is the name of your state?tx
have a case thru the ag's office and received papers today in the mail to fill out to see if child support should be increased or not. it has been 8 yrs since this happened so it has been awhile for me.anyways my question is this:
he is now divorced from his 2nd wife and they have a child together-he just got divorced in august 2005.we got divorced in 1997..our children that we have together are 12 and 8..wil his child support increase now or decrease? he is over 12,000.00 in arrears ,has been to jail before for not paying.. he lives in ohio and never contacts the kids at all..so more or less is it worth filling out these papers or not??tia

Mostly it will depend on what his income is now. If it is higher, which after 8 yrs. it should be, then the CS will probably increase.

Either way, it is long overdue to be looked at, so go ahead and fill them out, or if you know his approx. income do the calculations to see what it will be.

Also, you can ask for payment of the arrears.

 

[nextwife]

It MAY increase. If there is now another CS order out there, there is a maximum that can be taken from a paycheck, so it really depends on whether he's already at max with the two existing CS orders.

 

[tankerwife03]

thanks

yeah 8 yrs is a long time for a review. i can already hear him now -i aint giving that woman no more money ever. he hates paying me and his other x now..he is getting married for the 3rd time soon from what i hear and hopefully he wont reproduce no more kids..
i do have another question=since i have had the longest court order then his 2nd wife would they possible decrease it?i have 2 with him and he has one wiht the 2nd ex.. right now i am going on 30 days with out a check since he changed jobs once again while the new order takes effect (ie:wage withholding form)soi guess i will just fill them out and see what happens cause i know for sure he wont travel from ohio to here for it.i can guarentee that and what sux is my husband will be in iraq at that time so more stress for me.lol

 

[betterthanher]

yeah 8 yrs is a long time for a review. i can already hear him now -i aint giving that woman no more money ever. he hates paying me and his other x now..he is getting married for the 3rd time soon from what i hear and hopefully he wont reproduce no more kids..
i do have another question=since i have had the longest court order then his 2nd wife would they possible decrease it?i have 2 with him and he has one wiht the 2nd ex.. right now i am going on 30 days with out a check since he changed jobs once again while the new order takes effect (ie:wage withholding form)soi guess i will just fill them out and see what happens cause i know for sure he wont travel from ohio to here for it.i can guarentee that and what sux is my husband will be in iraq at that time so more stress for me.lol

There are several things that will be factored in. If he hasn't had that significant of an increase in wages, then there might not be all that much of an increase. Now if you've gotten a really sweet paying job since the last order, the amount *could* result going in a direction you won't like -- or stay where it's at. Plus, since there is another child support order on him, as stated, there is a federal law that limits a percentage of money that can be taken from his check.

None of us can really tell you specifically how it'll play out. There are simply more pots on the stove.

 

[ceara19]

What is the name of your state?tx
have a case thru the ag's office and received papers today in the mail to fill out to see if child support should be increased or not. it has been 8 yrs since this happened so it has been awhile for me.anyways my question is this:
he is now divorced from his 2nd wife and they have a child together-he just got divorced in august 2005.we got divorced in 1997..our children that we have together are 12 and 8..wil his child support increase now or decrease? he is over 12,000.00 in arrears ,has been to jail before for not paying.. he lives in ohio and never contacts the kids at all..so more or less is it worth filling out these papers or not??tia

You should go ahead and fill them out. Since he is in arrears, the AG's office doesn't need your approval or assistance to do a modification hearing. They say "We are looking out for the best interest of the child/ren, we are not working for either of the parents". Granted, these are children they have never met, know nothing about and have absolutly no personal interest in one way or the other. So fill out the papers to make sure they keep you informed. Also, be very careful dealing with the AG's office. DO NOT let them imtiidate you and don't let them try and force you into agreeing to something that doesn't seem right to you. No matter what they tell you, you ALWAYS have the right to take the matter in front of the judge before agreeing to ANY changes. Once an order is signed, it's hard to get it changed without a lawyer if you later find out it was wrong.

A recent example of the AG's work:

A woman was owed $27K in arrears. At the mediation with the AG, $10K of that amount was dismissed and the interest rate was dropped from 12% to 6% on the remaining balance. Mom couldn't afford an attorney and she really believed the AG was looking out for the best interest of the kids so she agreed and signed what amounted to a receipt for $10K in CS payments. WHY? Dad convieniently "lost" his job a week before the hearing. When mom didn't agree at first saying it didn't seem right that they should be able to do that, the AG's office told her she could see a judge, and the judge would leave the arrears in place, but he would also lower monthly support from $750/mo to $125/mo because dad was now unemployed. They also added that it would be 3 years before she could take him back to court to modify again. Now that the papers are signed she's pretty much screwed.

The AG's office loves to do things like this. In less than 15 minutes, they got to write in thier books that they "collected" $10 in back CS. It makes them look good and keeps them eligible for more state and federal funds.

So, like I said BE CAREFUL and remember you are the only one there to protect the kids.

 

[Inquiry123]

Now if you've gotten a really sweet paying job since the last order, the amount *could* result going in a direction you won't like -- or stay where it's at. None of us can really tell you specifically how it'll play out.

Hey, Napoleon -- this is TX, remember? No matter how "sweet" paying Mom's new job might be, it won't have ANY impact on a support calculation.

As far as how it'll play out...Given the additional child, unless Dad's income has dramatically increased (doubled), it wouldn't be worth the extra $20/mo. that you might possibly get if his income has increased only marginally.

 

[ceara19]

Hey, Napoleon -- this is TX, remember? No matter how "sweet" paying Mom's new job might be, it won't have ANY impact on a support calculation.

As far as how it'll play out...Given the additional child, unless Dad's income has dramatically increased (doubled), it wouldn't be worth the extra $20/mo. that you might possibly get if his income has increased only marginally.

Plus, this is Texas, unless it changes the support by more than $100 or 20% they won't change the order (usually). But, like I said in my last post, the AG's office is going to do whatever they want whether mom helps or not.

 

[tankerwife03]

ag's office

yes i can even admit the texas ag's office does what they want.. i remember back about 7 yrs ago you could wait on the phone for 3-4-5 hours just to talk to some one about your case. i even took a day off of work for it.lol....i filled out the papers and will mail them off this weekend and see how it goes. i just found out that he pays more child support for one child then he does for our 2 and i have had a longer case. i know it makes no sense.....all i can do is mail them in and see. it makes no difference to me

 

[ceara19]

yes i can even admit the texas ag's office does what they want.. i remember back about 7 yrs ago you could wait on the phone for 3-4-5 hours just to talk to some one about your case. i even took a day off of work for it.lol....i filled out the papers and will mail them off this weekend and see how it goes. i just found out that he pays more child support for one child then he does for our 2 and i have had a longer case. i know it makes no sense.....all i can do is mail them in and see. it makes no difference to me

Now that you've mailed the paperwork back you probably won't hear from them again for a year or two.

 

[betterthanher]

Hey, Napoleon -- this is TX, remember? No matter how "sweet" paying Mom's new job might be, it won't have ANY impact on a support calculation.

I wasn't aware of TX being a "CP-pays-only" state (as I call them). You sound still bitter because I had to school you in another thread. Grow up.

 

[Inquiry123]

Special Ed

I wasn't aware of TX being a "CP-pays-only" state (as I call them). You sound still bitter because I had to school you in another thread. Grow up.

I think you've got me confused with someone else -- I haven't learned a single thing from any of your posts. They are largely humorous, though.

However, Professor, if school's still in session...Could you explain to the class how TX is a "CP-pays-only" state (as you call them.) I'll take my seat and wait for your reply with much anticipation!

Oh, and until you are "aware" of TX being a bit different than OH, why don't you "SHUT THE HELL UP!" Got that from one of your previous lectures, Prof.

Class dismissed?

 

[LdiJ]

I think you've got me confused with someone else -- I haven't learned a single thing from any of your posts. They are largely humorous, though.

However, Professor, if school's still in session...Could you explain to the class how TX is a "CP-pays-only" state (as you call them.) I'll take my seat and wait for your reply with much anticipation!

Oh, and until you are "aware" of TX being a bit different than OH, why don't you "SHUT THE HELL UP!" Got that from one of your previous lectures, Prof.

Class dismissed?

In Texas, only the NCP's income is taken into consideration when calculating child support. I think that is what he was trying to say...despite the fact that he used CP in error. Most states use both parent's incomes in calculating support, but a few use only the ncp's....and TX is one of them.

 

[catoh9]

TX AG and the laws

It is so unfortunate that the AG's office can't get their act together. It's like the right hand doesn't know what the left hand is doing. After dealing with the AG's office for several years regarding child support and finally taking them to court and proving their accounting practices are innacurate, we won a small victory.

The AG's office makes their own rules-even tho TX state statuates/family codes say otherwise. Case reviews don't always come every 3 years. We were ignored when we asked for a case review in 1995(Dan Morales) and in 2000(John Cornyn). When they get "around to it" then your case will get attention.

According to the writ the AG uses they can collect up to 50% of NCP's income. They do not include CP's income in determining the amount c.s. nor do they include any of new spouse's income; altho they request an accounting of the total amount of income of the NCP's household.

But the AG's staff there still believes they are working in "the best interest of the child." The only best interest they have in mind is collecting child support monies and the interest they can get of any arrearages. The interest off the arrearages do not go to the CP or the child.
It goes into the unit's general fund. Then those figures are submitted the Federal database; to which the Federal gives "incentive money" to the states to help collect more child spport. The more money they collect, the more money is given. The AG's office doesn't care about child custody and equal parenting rights. It states that fact on the TX OAG website.
They just care about the money.

No I am not bitter. Child support is necessary at times, but not when the state makes a profit off the NCP(they clap and cheer when you pay off an arrearage,) sick people...
DeadBROKEDads-NOT Deadbeats
catoh9