extra income?

[two4two]

What is the name of your state? Texas

my ex husband pays a set amount of child support each month. we finalzed our divorce in court in dec. 2004, but due to him refusing to sign the papers until nov. 2005 his support payments were made directly to me instead of going through the DA office. the issue is that during 2005 he recieved over $50,000.00 in extra income that he did not pay a penny in child support for. he recieved a bonus for re-uping in the military national guard, he withdrew his retirement out of his account for a job that he quit, and he quit one job and started another, but due to the fact of the job he quit owing him for time on the books he recieved two full paychecks for eight months from the old job and the new job. he says that he does not have to pay child support out of this extra income, but i have been advised otherwise. is he supposed to pay it? and if so how is it based considering we go off of a set amount instead of a percentage?

 

[NotSoNew]

was the extra income the bonus and retirement account you spoke of? is so i dont beleive he does have to pay child support on those, he wotn have that income next year so how can they base his child support on that?

 

[nextwife]

Your post is a bit confusing.

If I pull retirement funds or savings I already have, that is money earned previously. I don't earn it again when I use it.

 

[Gracie3787]

What is the name of your state? Texas

my ex husband pays a set amount of child support each month. we finalzed our divorce in court in dec. 2004, but due to him refusing to sign the papers until nov. 2005 his support payments were made directly to me instead of going through the DA office. the issue is that during 2005 he recieved over $50,000.00 in extra income that he did not pay a penny in child support for. he recieved a bonus for re-uping in the military national guard, he withdrew his retirement out of his account for a job that he quit, and he quit one job and started another, but due to the fact of the job he quit owing him for time on the books he recieved two full paychecks for eight months from the old job and the new job. he says that he does not have to pay child support out of this extra income, but i have been advised otherwise. is he supposed to pay it? and if so how is it based considering we go off of a set amount instead of a percentage?

Was he paying the court ordered specific amount during that time? If he was, he didn't do anything wrong, and no, he doesn't have to pay extra CS. When a CS amount is set by the court it stays the same until it is modified, no matter what the NCP's income is from the time the amount was ordered until the modification.

If a NCP's regular earnings increase, a modification can be done to reflect that in future payments (from time of filing for modification on). NCP's do not have to pay extra CS every time they get some form of extra income, they only have to pay the court ordered amount.