mjpull said:
Thanks... very much appreciated on what to expect.
I knew the 3 year review was coming up, but was expecting it next year, especially since I recieved the one notice in May, saying what I was paying is sufficient. When I recieved the next notice of the actual review, just a couple of months later, I was a little floored.
As Diggety pointed out, this is probably related to the earlier review. Most likely mom refused to sign the agreement sent to her.
So I can just tell them, that I would like to review the info myself, before I make a decision on whether to accept it, or go to court over it?
If you don't agree with the numbers, DON'T SIGN ANYTHING. The good thing about Texas being a one income state where child support is concerned is that you can figure out EXACTLY what you should be paying before going into court without knowing the other parties income.
1. First, find your TOTAL monthly income, before ANY deductions are made, by adding together your gross income from your last 3 tax returns and dividing by 36.
2. Then find the corresponding number on
THIS chart, in the Monthly Gross Wages column.
3. With a ruler or other straight edge, line up your Monthly Gross Wage with the matching NET Monthly Income.
4. Take your Net Monthly income, according to the chart, and SUBTRACT what you pay for medical/dental insurance for the child/ren that are a party to the child support order ONLY. You can get this info from your employer.
5. Repeat, starting with step 1 until you get the same result 3 times in a row.
THAT is the number that should be used to set child support. Once you have this number you can figure out what you should be paying in child support. Child support is 20% for 1 child with an additional 5% for each ADDITIONAL CHILD IN THE SAME ORDER. You also receive a 2.5% CREDIT for any minor children that you have that are NOT a party to the court order.
About the only thing I have to "negotiate" with is a tax exemption. I am not trying to get out of it, because I am current, but paying 1100 per month, I think is plenty, and I do have my household to keep up with.
There is no reason to negotiate. If you follow the directions correctly, you can figure up exactly what you should be paying in child support. Technically, support should not be modified unless the difference between the current amount and the new amount is more than 20% or $100 per month, but that is not something to argue over.
If the OAG's number doesn't match YOUR number, and you are POSITIVE that you figured support correctly, tell them, "No thank you" and hand them the "agreement" back. Remember in 4th grade when your teacher would always tell you to "Show your work" and how you thought that it was kind of pointless to write it all out if you already KNEW the answer? Well, THIS is where you will actually make use of that knowledge.
The OAG will ask why you don't agree and you can "Show them your work" and explain how you came up with your number. It always helps to print out the current tax chart from the OAG website and bring it with you. They never seem to have a copy of the CURRENT chart with them when figuring support.
Will they take into consideration of the "gift" money I spend on them over and above the child support? I know my ex won't. she doesn't care whatsoever. she just wants what she thinks is hers...
No, anything above the court order is a "gift".
