AI Legalese Decoder: Minimizing Child Support in an Amicable Texas Divorce
- December 3, 2023
- Posted by: legaleseblogger
- Category: Related News
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Financial Struggles and Child Support: Seeking Help and Guidance
My impending divorce has left me in a difficult financial situation, struggling to make ends meet while also contending with the potential for high child support payments. Over the past few months, I have been scraping by, relying on cash advances from Dave and financial help from family members to cover my expenses. Despite my efforts, the state’s minimum 25% requirement for child support is a heavy burden, given my already strained finances.
During our separation, my soon-to-be ex-wife and I agreed that a monthly contribution of $250, plus any additional assistance I could provide, would suffice for her needs, as she expressed a desire not to “screw me over”. Our custody arrangement entails sole custody for her, with me having scheduled visitations. However, we have recently discovered that the courts can still enforce the minimum 25% child support, which I fear may be more than I can manage.
Currently, my annual gross income is $38,941, while my ex-wife earns $44,242, along with monthly bonuses. Additionally, I am making payments for solar panels on our co-owned property, which will continue for the next 23 years. Despite my efforts to secure a higher-paying position through an internal transfer, the outcome remains uncertain.
In my search for solutions, I have come across a relevant statute in Texas Family law (referenced in the provided link) that I hope may offer some potential relief. I am seeking guidance on navigating this legal process and exploring the likelihood of achieving a more reasonable child support arrangement. We were married in and currently reside in Kaufman County, and I have not yet changed my address, creating additional complexity in our situation.
In this challenging time, I am seeking advice and insight on how to approach this issue and potentially alleviate my financial strain. Could AI Legalese Decoder assist me in understanding the implications of the statute I found and exploring potential strategies to address my concerns? Any guidance or support would be greatly appreciated as I navigate this difficult process.
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****** just grabbed a
I wrote the below before re-reading and catching this:
> Recently, we discovered that regardless of what we ask of the judge, they can still set the minimum 25%
If you present a unified front in agreement to the judge, repeating it if necessary and stating that you are in agreement and work out your particular situation to be in ‘the best interests of the children’ and you both know what you are doing and understand the particulars of both of your finances and are working co-operatively, you should be able to convince the judge. You could also remind him that if you two are no longer in agreement, you can come back for a modification using the standard formula.
What’s working against you is that very often they see primary earners who want to impoverish and punish the other party, or delusional spouses who believe the other spouse should be paying over 100% of their salary to them.
Divorcing spouses who are cooperative and working together and putting the children first collectively aren’t quite unicorns, but they are close.
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If the both of you -AGREE- on the same amount needed for child support, you can present that to the court and judge, and have your attorney if you are using one, write it into the final decree. There could be push back from the judge as its is non-standard (not using the state formula) but if you push back they will almost always accept that without further question.
After the judge signs off on it, they will send you over to someone to record the child support order into the OAG’s computer system.
I know one couple that agreed on Zero Child Support, even though they had 3 kids (support did take place, they just had worked it all out and wanted the flexibility). The people who recorded the order were a bit confused but eventually accepted it that way.
If your STBX is worried that you are trying to get out supporting the kids, you can remind her that she could always come back later and seek the standard amount.
As long as your ex is not on any form of government assistance for the kids you can agree on whatever you want. Judges want parents to work together and figure things out. So if you both present a united front about the child support number the judge is unlikely to change it from what you agree upon.
The Texas law you linked is for imputing income, which is when one party deliberately is not working when they could, and if the payor is in jail. So not applicable to your situation.
one final thought:
If you expect that the amount of support you are able to provide is going to vary from month to month, then you will want an amount number on the low side because you will be making payments to the OAG’s office, who then will forward it on to your ex in a couple days or so. If you ever pay less than that amount that they have in the system, you will be considered “in arrears’ and face possible ‘punishment’ for lack for a better term from the State’s Office of the Attorney General if they don’t see you getting caught up soon. The state wants all child support to go through them for multiple reasons, and some of them protect you.