Seeking Information on Child Support

This has nothing to with what you are asking since I know nothing about child supprt. But I want you to know that I am here for you if you ever need to talk to someone. I am a good ear and a good shoulder and a great hug....

THe law is that only a certain portion of pay can be deducted regardless of the number of children or marriages.
The amount of all combined can not exceed 50% of the employee's disposable earnings.

But more important is what the children are going to miss.
Not having a father at home is going to be the greatest loss to the family, I am sorry to be so harsh but it is tough to raise a family alone, and it will never be complete. A single parent can only stretch so far.
Best of luck.

Hi. I am getting child support for my oldest son, I get 20% from his dad. I belive that if he would have other children they would slpit the money between my son and other children. I have never recived more and I've benn getting child support since he was 2. I have a number where you can call and get info on child support, you can e-mail me at ____@____.com and I will glad to give you more info.

Hi A.,

I know nothing about this, I only wanted to offer you a hug and let you know that you will make it through this OK. Do not let him give you any legal advice and do not believe anything he says. He doesn't know any more than you do about it. He does have an interest in frightening you.

Please do talk to a lawyer and not him regarding his obligations, seeing as he is unexcited about them.

You are a mom and God will give you the strength you need to take care of your babies and make a good life for them.

I wish you peace.

A.,

Do not fret! Unless your husband has a law degree he doesn't know what he is talking about. I am NOT a lawyer, but I do have my paralegal degree and Family Law is where my heart is. This comes from being divorced with 3 children and an ex that wouldn't pay child support. I have a fourth child from a long term relationship and he thought he could dictate how much money I would receive. WRONG!! The state of Texas is there to help you. While most of this will be settled during your divorce proceedings you should be aware of some things that lawyers just forget to mention. I am not saying this is true of all, but some other financial matters you will want addressed over and beyond child support include: (1) college expenses, this can be determined and detailed in the decree, (2) taxes, who will claim the children on their taxes - you want to make sure it is not a race every year to see who files first and who claims the children, and (3) child support can be modified by you every three years. You simply request a review of his income and the state will make the changes at NO charge to you as long as you go through the Office of the Attorney General (OAG). Just remember if he is making less there is the chance you'll receive less. But if you think he is getting raises or has made a significant increase in his income they by all means ask for the review for modification. Also, make sure his child support account is set up through the state's OAG office. He will make his payments to the state and they will forward them to you. This makes it much easier, should he cease payments, to have him held accountable and they will already have all the records of his payments and non-payments.

Now back to your original question: How much will he have to pay? The state will break down his income and base it on the following percentages:
One child - 20 percent
Two children - 25 percent
Three children - 30 percent
Four children - 35 percent
Five children - 40 percent and
Not less than 40 percent for six children

And yes, they do take into account what he is already paying for his other kids. But that does not mean you are left with 15%.

This is the link to the OAG's office and you can get information there about child support in Texas. http://www.oag.state.tx.us/

Also, you may want to check out http://family.findlaw.com/child-support/support-help/stat...
On the righthand side you will see a childsupport calculator, getting support, state information, and so much more.

I will get off my soapbox now, but I sure hope this helps. Please do not hesitate to contact me directly if I can help in any other way. Even if you just need to vent! My email is ____@____.com. I wish you all the best and don't let him scare you. He's only doing that because he is the one who is scared! Take care and God Bless!

J. F.
http://www.4MeAndMom.com

Go to: www.TexasLawHelp.org

They have a lot of great information including the child support calculator. The following is the link to that tool. If you scroll to the bottom, you'll see the chart for a spouse that has other children. It says you should get 25.20%. Check it out:

http://www.lawhelp.org/documents/294101final.pdf?stateabb...

Best of luck to you and your children.

no advice but just kind words letting youknow that you are a strong woman. good luck.

The responses are partially correct.You would still get the same percentage of his salary based on the number of children you have HOWEVER... that does not mean the same as the first wife gets. Your percentage will be based on a lesser amount because his "disposable income" is now reduced by the amount he pays the first wife. Therefore, your percentage is not based on the same salary as the first wife's was.

Example... say his salary is 2000 per month... after taxes/insurance his "disposable income" is now 1500 his ex wife gets 20% of that for child support leaving him 1200 per month in "disposable income". You get divorced, you have the same number of kids as first wife so you also get 20% of his "disposable income" BUT his disposable income is now the 1200 not the original 1500 so instead of the 300 first wife gets you will only get 240. You're getting the same percentage just not the same amount.

As to children and visitation, regardless of age, a father should be allowed visitation and the same ability to bond with a child as the mother. BOTH mother and father are equally important to a child. Neither is more important. The quicker you can put your differences aside and decide to do the right thing for the children the better off your kids will be.

Supporting your kids with child support and only working part time will be incredibly difficult if not impossible. It is not his job to fully support you. Child support is simply to help support the kids. The luxury of being a SAHM really is only afforded to those in a stable marriage. Single moms generally have no choice but to work full time. If you can make it work more power to you. I just don't think it's a very realistic goal.

Lord, I pray that you will fill A. with your peace about this decision, that you will fill her with your wisdom and give her divine strategy on how to go about setting up what she and her children need in order to have food and shelter. I pray for her husband, that he will know the right thing to do and that he would stop using fear as a control method to manipulate her. Please Lord, fill their house with your holy presence and wrap your arms around them both as they go through this time that will rip emotions to shreds and cause ugly words to be thrown around like garbage. Thank-you that you are always good, you always have a plan for their lives and you can take this episode in their lives and turn it into treasure. Amen.

Good news Girly. Even with the worst lawyer you'll get atleast 25% of his gross income. The court system does not give a fig how many children he pays child support for or which children came first. But with a decent lawyer you'll get 25% for the first child and an additional 5% for each additional child. Also, alimony is now legal is Texas so if you were a stay at home mom, the courts could grant you alimony on top of the child support, so kick his butt to the curb with no worries if that is what you need to do, but don't cheat yourself by trying to save money. Get yourself a decent lawyer who is going to go to bat for you. Good luck with everything. Divorce is hard, but when it's the right thing, everything turns out good.

I don't have any legal advice, but you should definitely get an attorney and a FULL-time job. I hope you have close family or friends to help. I will keep your situation in my prayers. Good luck.

Having other children does impact the amount of court ordered child support received. The most the court will order is 50% of his income total no matter how many children that amount has to support. In your case, the two previous children could each knock 5% off the amount you would start with. Unless there have been some changes in the system since the first time I went in 13 yrs. ago.
BUT most importantly, you can and will make it without his total support if you are determined to. I have raised 3 by myself for almost 20 yrs. My son went off to SMU last fall, I have an 8th grader and a 3rd grader. I finished my bachelor's degree 5 yrs. ago and I only received child support for the 2 girls. It was not easy but definitely has been worth it. Keep praying, find you some good baby sitters to watch the kiddos while you are in school and go for it!

I know a little about this because Ive had friends in the same situation. It is true that the first person who files for child support gets the most. The thing is they will only take so much of his income for child support. It just slowly becomes less and less as more children are added. Your best bet is to talk to the attorney general of your state or a lawyer.

The State Bar of Texas website has some great information for you. Also, check out the AG's website Child Support Division. They might have the chart. I think 2 children is 25%. Your percentage might be lower but double check and also check with an attorney. Most attorneys will give a free consultation at first.

Sorry to hear about what you and your family is going through.

Little About me - Working Mom of 2 kiddos 8 and 6 1/2 that are extrememly busy children and married 9 years.

A.,
So sorry you are in this situation but it will get better. I am still trying to get my divorce settled. I thought I was divorced 2/6/08 (Have order signed by judge) but it was voided. My STBEX is fighting everything all due to the fact that he doesn't want to pay child support or health insurance. My ex has 3 children from previous marriages and still pays child support on 1. This was used towards me as a scare method but it didn't work.

Go shopping for a lawyer right now and do your homework. Read everything that you can. Make a list of any questions you want to ask and be prepared. Most lawyers will meet with you free for the initial consultation and that is why it is so important to have your questions outlined. Take lots of notes during these meetings. Call the attorney general office as well and they can also provide lots of information.

My attorney told me that ex is required to pay 20% for the first and I was entitled to 17%. I can go back and get that raised every 3 years. Make sure that this is to be taken out of his check as well as any reimbursement to you for health insurance if he does not have the option to carry insurance thru his company. Also, remember that they take his last W2 from to calculate so lets say he makes $30,000 a year. They deduct all of the pretax things first, like health insurance, 401K, Retirement, and Health & depd flex care expenses. Then they base that amount on filing taxes Single +1. Then you have the figure that they calculte the child support from. You are also entitled to 50% of his Retirement & 401K as he is entitled to 50% of yours.

I hate to say this but you will probably have to get a full time job. You can't count on child support. If he does like my ex to try and avoid it you may have a long wait. Mine is now job jumping every couple of months and they havn't caught up to him. If he takes a job that is an independent contractor he is still obligated to pay but it won't be deducted from his check. He will have to pay it directly to the state but that doesn't mean that he will.

Once you get an attorney in place tell him you need temporary orders to those funds so you can get some financial releif now and hopefully he will pay it.

I know this is scary and nerve wracking but you will survive this. If you have made your decision, quit talking to him in regards to the divorce or child support. Let your attorney handle that. Try to keep your discussions to the kids only as much as possible. Get a support group of Family & Friends and surround yourself and your kids. Stay busy and keep your eye on the ball.

If I can help in any way, please feel free to contact me directly at ____@____.com

I'm praying for you

Currently in Texas:

~Your husband's first divorce of a couple with children provides 20% of his income.

~You, having the second divorce, get 17% of his income. It does not matter the number of children.

I agree that you seek the advise of a divorce attorney who has experience with these matters. You can petition for more but if he is already giving 20%, or 25% as you mentioned, it would be a challenge.

Good luck and God Bless!

I totally understand how you feel. First thing you MUST remember, do not depend on the child support to take care of you and the children. This will be a hard road to trek down. I have twin boys that are 8 yrs old, and we have been doing this since the boys were a 1yr old. You have to keep your head up. You can go to the child support website to find this information. Off the top of my head, I can't think of what it is, but every state should have one. You should be able to google attorney general and shild support to come up with something. Your child support will be probably be less than 25% of his salary since he's already paying child support on his other children. The government can only take so much of his check for child support.

Remember, it will be okay. You can support you and your babies without him, but you will have to make sacrifices to get there. My family has been the biggest help supporting me emotionally. You need that support. Have someone to help you. It's also okay to ask for help. Head up. Back straight and let's see that strong person inside.

***REMEMBER- You are Super Mom, a strong independent woman that CAN do this!!!***

A.,

My now ex husbond tried to scare me with all sorts of things that were not true. My advice is get a lawyer and find out what the law say's not your husbond!! Don't think you can't afford to get one because trust me you can't afford not to get one.

A. M.

First off I am so sorry you are going through this and with 3 children. I do not know the law but I do know my daughter recently went through a divorce and you must have an attorney to get through this and make sure all is done correctly. The attorney is not cheap but you can't do it without one. You really will need to get a full time job. Please do not depend on living off the child support. The child support is additional income to assist you in raising your children. I have been there myself and if he stops paying or changes jobs and you are stuck in the middle not getting your money so you can not depend on this money for support. If you do you will be truly disappointed. I know with my own daughter her ex changed jobs and her child support changed from monthly to bi-monthly and then there was a gap that had to be caught up because of the changing of information with the child support division. Paying child support for two families will be a tough load for your ex (even though it is his obligation to pay) and some men get ticked off that they have to pay and stop. Please Please do not depend on this money, if you do your credit will go to heck, you will never get the money on time and your life will be miserable. It is tough tough getting a full time job and paying daycare etc. I just don't know how woman do it but they do and they manage because they is just the way we are built. You will need family support and I hope you do have that. Good Luck to you and remember all will turn out and be OK. It will just take time.

Well, A....I don't have much more to add since you've already got such great advice. There are some negative comments here, but don't take those to heart! I used to believe as someone mentioned here, that my son's life would not be complete if his father wasn't in the picture, so I stayed in a bad relationship until he finally left us. I tell you what, that was the best thing he ever did for his son. I don't want my son to grow up and be the man that his father is. Chin up, girl! You can do this! I hate to tell you, unfortunately you may have to get a full time job, but on the flip side, child care for 3 small children won't come cheap! Yes, for some reason the first child always gets the most for child support, but as several others mentioned you can't depend on it. I learned this the hard way. My ex is very delinquent in child support, and I'm blessed because I have a great job. The only thing I will add on this is that I have in my divorce decree that I will provide health insurance for my son (because I know that I will keep a good job and he won't...this way my son will never go without insurance) and he has to reimburse me for the expense of it. This way if my insurance goes up, he has to pay me more. Therefore, my child support is broken down in an amount for child support and medical support, and this is how it reads on my statement from the Attorney General.
Good luck, A.! I will say a prayer for you and your babies! Keep faith in the Lord and he will provide for you!

hey A. I just recently started receiving child support and when we sat down with one of the attorneys from office of attorney general child support division the guy asked my daughters father if he had other children he payed support to or took care of. idk if it helps but you can always go to the website www.oag.state.tx/cs and hopefully it will be able to help you if that doesn't work directly call 211 and they can give you the phone number. best of luck

If you are the second person putting child support on him you will only receive 17%... Even though you have 3 kids from him... They have to take it into consideration that he still needs to live (with his earning.. ) and they will not reduce the other child support order...
I am in the same boat now and it really sucks.
I was able to stay home w/ my son for 11 months but I am not working fulltime, there is NO way you can live off of child support especially w/ 3kids so I do advice you to get a job unless you have a big chunk of money set aside.. Cause its not cheap!
Good Luck, and have faith WE as WOMAN are strong and can make it.

I've not read other responses, but from what I understand, your children will probably receive more like 17-22%. It IS less, which is not right for your kids. They won't split the support between your kids and his other kids. They will always get what they've gotten before. If it's 25% that is what they'll continue to get. The courts will not take that away from them because their father needs to pay for other children.

I don't think you could have gotten the child support he paid to the other children reduced when you had children anyway, though.

I'm sorry. I've seen this question so many times on Mamasource, and it does seem as though you will probably get less than 25%. BUT you do get the 17% (or whatever it is) per child I think.

Definitely seek professional advice.

I don't have much to add and haven't been divorced but I do receive child support. Don't depend on that to help in your income because I never know if I'm going to get child support or not. For the most part my son's father is good about paying child support but every now and then he'll just quit and I may go several months without a payment. I do agree that you get a good lawyer. Don't let him intimidate you. I found out the hard way that when having to do something like this if you are too nice you will get screwed. Again not too familiar with divorce but I have heard of spousel support as well which I believe is looked at as seperate from child support. Especially since you were a stay at home mom and had to depend on his income. My husband's cousin is a family lawyer although not sure what he charges. I'll get his phone number if you'd like. I've talked with him a couple of times asking about my situation and he seems to know his stuff. You also have to think about cost of daycare. It may be cheaper for you to work part time for a while and have a family member or friend stay with your kids at night or during the day. I'm so sorry you are going through this right now. It will turn around and you will become stronger from all of this in time. Good Luck

the Attorney Generals office is right there by Ryan's Restaurant in Texas City. You can just go right there or call and they can help you out I am sure. 3201 FM 2004 Texas City, Texas 77591 ###-###-####

First off, the state does have several services set up which will help you with food, baby items, etc. Please take advantage of them, as that really helps you, yet not in the pride department. Second, do your best to make sure he is to pay insurance for all three children, if for whatever reason the medicaid gets cut off....

I have a suggestion. Consider going back to school, even if it is online, and a few classes at a time. The system can really work for you at this time in your life. I was able to get a teachering degree, had daycare provided, insurance and food stamps for that season. Have not had to be on the system since then, and it has been 15 years going strong. Think about what you could see yourself doing if you were trained, or even what areas you feel gifted in and may need some mentoring to see if that is what you desire to do. Do NOT jump into an area unless you have tried it out for a short while and know you would like that area. You do not want to study and train in an area which you would soon dislike. Coming home after a good day at work and having the right attitude for your children is a MAJOR.....
You are all they have... so make the most of the years you have to prepare for your and their future.
This can be an awesome journey for you and them as they see their mother as an overcomer, who took a bad situation and turned it around for the family to be together and happy.
Keep praying and seeking HIS face and He will show you the steps to follow. Really He will, as He opened many doors for me, which were not opened years before. Allow Him to be there with you as you walk THROUGH this. I am so blessed to have had my situation bring me closer in my walk, and that my relationship with God grew stronger than I could have ever imagined. Keep the faith...

First of all, not to be on anybody's side here but he cant have more then 25% taken from him and that is no matter how many kids he has, he does still have to live you know, i think the most i have ever heard is 30%, but he made alot. It may end up you getting 15% and the other getting 10%, it all works out to be 25%, you see. That will be reduced from the other children and split up among all 5 children. seeing how you have more you will get more, but not much more. i have been through this with my ex but he never took me back to court when he had another child either. Dont fight with him let the lawyer or attorney general take care of it, they will review his income and go from there and remember every 3 years you can have the attorney general review his income and take him back for more, all you have to do is fill out the paper work and they do the rest. I did and when we got divorced I didnt argue I just let it be set at 400 a month and 3 years later BAM! he had to pay 800 a month for 1 kid, and you will learn these things as you go. But him having 5 kids and you with no job, you will have to get a job very soon and make sure it is written in stone that he help pay for child care, which of course will be seperate from child support, for your kids for when you start work, lets just say he makes 4000 a month he will pay 800 a month for all 5 kids, you cant live on lets say 400 a month and that is an estimate per say, and make sure he keeps insurance on the kids always, those are his obligations, child support, child care and insurance, Hell if he can have them all he can support them all or keep his d*** in his pants, I say. Good Luck!!!!!!!!!!!!!!!

I've never been in your position, but I do know that the husband is not the one who decides on the support amount. That decision is made by the judge and if this marriage is over, you'ed be wise to get a lawyer and go to court ASAP.
Your know-it-all husband might be in for a big surprise. Child support is the one thing that will be taken out of his paycheck before he ever sees it. I'm not sure, but I think Texas will allow 3 months of support to you while you get things together. With the job situation like it is now, I wish you luck. Just don't let his bully you.

From working in a payroll department at a school district, I know that no more than 50% of your husband's income can be withheld for child support. I don't know what kind of work your husband does, but a lot of men in his position, quit their jobs as soon as they're notified the attorney general is going to garnish their wages. They then move on to another job, until that job gets the garnishment order. It's a vicious circle. I would still do whatever that you think is best for you and your children. Good luck to you.

You pretty much answered your own question that you just really need to consult an expert, a lawyer, to get accurate info. However, it makes sense to me that the courts would take into consideration the amount he is paying for child support for his other two kids.

I am somewhat bothered by your comments though. You are concerned about child support so you only have to work part-time - regardless if your husband is paying child support on five children and probably wont be able to make ends meet for himself? Are you selfish or what? Child support is intended to be for the kids needs - not to allow you to take the easy route and work part-time. You should make your own living to support yourself, for more reasons than one. A woman should always be self sufficient because it gives her more choices in life and is just plain smart. I personally think a wise woman would do her best to handle hers and her kids expenses out of her own paycheck and "bank" the child support for the kids future education and for those "big ticket" items. Because remember, as soon as those kids become age 18, the father is no longer responsible for child support. If paying child support for 5 kids strains his finances too much now, he will be so glad to get out from under the burden when they turn 18 that you can probably forget assistance with kids college and weddings. i have witnessed this scenario many times.

Kids do fine with a full time working parent. Just be honest with them.

At this point A., you will get something. Perhaps it is not 25% because from what I understand, it is only 20%. It will be tough, but you will have to have faith that you will make it no matter what. I do recall that he will have to keep them on his insurance and help with daycare ect. At least once you get him on child support, make sure that they add this to the amount due to you.

I am sorry you have to go through this, but the most important thing now is to take the best care of your babies and unfortunately in this world, money is a necessity. So bottom line, who cares how much he has to pay, you get what is due to your children whether it is 10%, 15%, or 25%. Let him know that whatever the amount is, it's not nearly enough and then tell him to be on his way!

heres the thing...you CAN do it on your own. contact the child support enforcement division of the attorney general, they will answer all your questions and take it from there. good luck to you and yours =D

Your husbands current obligations only plays a part when it comes to what his income level is. What I mean by that is with three children you should receive 33 percent of his net income which will be minus what he currently pays the other wife. You will have to optain an attorney so when you do please let the attorney know that you are concerned about the amount he has been paying for his other children. They will be able to look into it and if indeed he is paying too much (which I don't think he is)then they will adjust his net to meet your needs. Bottom line with three children the max you will be able to receive is 33%.
Hope this helps.

Hi A.,
Bless your heart. You certainly do have a long road to travel, but there are so many things you can do- first. do not let him scare you- the law does not say the more children you hve the less you pay and the payment is not on sliding scales......Texas has very strick laws about child support and it is not first come, first serve- I hope you have retained a good attorney who will fight for you and your children.
Now, having said that, there are some businesses you can start from home without making large investments rhat with effort will more than support your children. These are MLM either- if you are interested I can send you to the sites and help you get to the right people- you can decide for yourself if any of these are for you. I stay home, however I am retired but the home based business I chose has more than met my expectations. Just PM me and we can get together and talk about them.
good luck
Blessings

I believe that your husband is mistaken is his reasoning. He is equally responsible for all of his children. The percentage that is taken from his paycheck, is based on a preset percent determined at worst by state, at best federally. Regardless of how many previous children, the most that the courts will do is consider that him paying such a high amount puts him below poverty level, if this is the case, they will adjust BOTH his payments accordingly so he has enough to support himself as well as pay for the kids.

I realize that each state conducts it's affairs in it's own way, so your best bet is to consult a lawyer. the cheapest way to do so is to use this website(http://www.findlaw.com/) I personally have used it for other questions and find it to be extremely useful AND free!!!

In the meantime, you can get an idea of what the state will consider his payments to be on a calculator at this website: http://www.alllaw.com/calculators/childsupport/texas/

So, to recap, I would use the calculator to get a ballpark on what he may have to pay and ask a lawyer at the above website about how child support for children from a previous relationship affects your child support.

Good Luck and I hope you found this useful to your situation. ;-)

UNfortunately, your husband is correct. The mother that filed first will get the bulk of the child support which is 25%. I have a girlfriend that had this same problem. Her husband had two older kids in his first marriage so she gets the bulk of the child support. SHe has three little kids also herself and only gets child support for two of them because he has maxed out his income with child support for the other two and just two of her kids. They can't take all his income even though you have the most of the kids. You should consult the attorney general office because they will give you free information on it.

I've read the other answers from the other ladies and I really don't have anything to add there except find a good lawyer. I do want to say that I understand your willingness to go back to work but your desire to do it slowly by working part time first. You have very young children and if you can make ends meet with only child support and a part time job than you go girl. You are not being selfish by using that money to support your household for your children to have a mom there. It would be terrible for those young kids to first loose their Dad from their daily lives and them dump them in daycare everyday so they feel like they lost you too. Yes, if you were using the money to go on shopping sprees for yourself that would be one thing but using it to buy food and clothes for the kids and help you a little so you can stay home more with them is not a chime. It's true love for your kids. I can tell by your question that you plan on going back to work full time one day but one step at a time is good too.

The last thing I want to say is stay strong. Don't let him intimidate you. From this point on all he says is hot air blowing in the breeze. You can do this and make it and still be a great mom!

Good luck!
Jen
http://www.mommysjoy.com

Hi A.,

I hate that you are going thru all of this:( I have been through it myself. They will take into consideration what he is paying his other children and adjust that payment to accomodate what he is supposed to pay you. You can't take more than 40% of his income I think. I'm not sure about that. But I do know that when me and mine went to court he was paying his other 2 as well. He has 2 kids with previous relationships and then we have 3 together. He makes good money working in the oil field. He pays one $340 mo, another $300 mo, and me $820 mo. He was paying the other 2 other women more, but they adjusted it when we went to court. He is definalty trying to scare you. If things are that bad that you don't wanna stay don't let him scare you!! We as women need to be stronger than that for our kids. You need to have an awesome support group around you trust me in that. If he's being a jerk now its only gonna get worse. I wish you the best! And hope you get some awesome advice on here:)

D.
http://www.formyrugrats.com

In a divorce everything is negotiable and it will depend on what your attorney and his decide. But I can tell you this, Texas state law says that the first wife gets 25% and the second one only gets 20%, and they do not take into account more children. Yes it is totally unfair, but it is what is so. (I am a second wife, and have checked this out as I am getting one also.) You can fight for more through your attorney and it will depend on your cause for divorce and the type of divorce. So sorry to hear you are dealing with this, it is tough, I will say a prayer for you and your little ones.

Unless your soon to be ex-husband makes less then what he did when the other child support order went through, you will get the same amount as the first mother. Child support is based on his pay, not to exceed 50% of his income, not based on what he's paying to other people. He's trying to scare you by saying you can't do it on your own...you absolutely can.

Stay strong and keep your head high. You're doing what you have to do in order keep you and your children in a positive environment.

Hi A.,

I don't know the law first hand, but I do have an idea from my girlfriend who went through this a couple of years ago. Her ex paid his 25% I believe to his first wife, and then when my girlfriend and he divorced, he only had to pay like 18%. If they would have had additional children, it would have only gone up like 1-3% per child I believe. Sorry that I don't know more, but you can always look it up online or just call an attorney and they can tell you. Good luck.

I would not let him scare me, you are entitled to a certain percentage of his income as well. His other children will get less money when your child support is figured but you have three children so he will have to pay you a reasonable amount for your children. Normally it is a big percentage for the first one and then a small percentage for the other children. When you guys go to court and get everything settled you should be ok. Most guys think that us women can not make it on our own but it happens all the time.

First off, do you have a degree? If so, apply to CCISD to become a teacher. If you have at least 60 hours, you can become a substitute, and believe me, they will call you everyday to substitute.

Second, I hate to say, but I believe your husband is right. The law is the law, however, you need to research on the internet. One other thing.....seek food stamps and welfare NOW to position yourself. You can get both now.

information from a website....

The Texas Family Code contains guidelines for the computation of child support. The guidelines are specifically designed to apply to situations in which the obligor's monthly net resources are $7,500.00 or less. In such cases, the court presumptively applies the following schedule:
1 child - 20% of Obligor's Net Resources
2 children - 25% of Obligor's Net Resources
3 children - 30% of Obligor's Net Resources
4 children - 35% of Obligor's Net Resources
5 children - 40% of Obligor's Net Resources
6 or more children - Not less than 40%

If the Obligor has children from another relationship(s), the percentages listed above may be reduced.

If the obligor's net resources exceed $7,500.00 per month, the Court shall presumptively apply the above percentages to the first $7,500.00 of net resources. Without further reference to the percentage, the court may order additional amounts of child support. The court may not order the obligor to pay more child support than the presumptive amount (as calculated by multiplying the above applicable percentage times $7,500.00) or an amount equal to 100% of the proven needs of the child, whichever is greater.

http://www.raggiolaw.com/txart02.html

Your husband is partially right. His first children will continue to receive the largest amount. (because they were first) My ex-husband use to pay me 25% for our 2 children. Now he pays for another child from another relationship. He pays 17% for the other child. To be nice to him, I had my child support reduced. Even then, the court only reduced it to 23% for my 2 children. If you are trying to plan out your finances, don't count on any more than 19% for your 3 children. The Texas Attorney General website has information on child support amounts.

HI! I am a mother currently going through a divorce. Please do not dispare your "jerk" husband is wrong. You are entitled to 25% of your husbands income for the first child and 5% additional for each child there after. So in your case 35% of his salary should go to your children as support. I am going to give you a link to Texas statues reguarding divorce and custody issues. http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm I also want to point out that there are no defined "standard visitation" schedules for children under the age of 3 years. My son, whom is 8 weeks old, falls into this category and allows me to dictate a visitation schedule that I want....very nice!!! Divorce is difficult...you are not alone. Be strong for your children.

A.,

Here's some additional information on the child support calculations.

http://www.co.travis.tx.us/records_communication/law_libr...

If you need a good attorney in the Houston area, let me know, I have a great referral. Most attorneys work out a payment plan with you, but always try to go with one that someone can refer. Otherwise, you never know what you are going to get.

Be sure that your husband covers insurance and that you have the right to claim your children on your income tax. Divorce is tough and I'm sure that you have given it a lot of thought to finally be at this point. Good luck to you, take care, and God Bless you and your babies.

He is only responsible for providing one half of the support for your kids. He has absolutely no responsibility for providing any support for you. You will have to go to work full time to help support your children.

Considering the fight I've had trying to get my ex to pay, you had better NOT depend on the support. If a man doesn't want to pay, he'll find a way not to pay. The OAG is extremely overworked and understaffed. The OAG is free but an attorney will get better results.

I'm not sure as to what exactly will happen but I can help by telling you what I know. My oldest son's father is ordered to pay child support for my son and a son he has from his most recent marriage. He pays the same to me and the girl he had another son with...which is 17% of his income (this differs by county and state) I filed my case in Johnson county (just south of forth worth).

I really hope this helps and I wish you luck. I have my hands full with two kids and a husband. hehe.

well in temple tx my hubby pays 21% for the 1st kiddos and we have a son together & when times were rough relationship wise with us i inquired about it and i would only get 17% because its the 2nd go round of children. for you i am sorry about your relationship but advice wise i would get a full time job, apply for ccms = child care assistance you get an application at the work force commision, apply for housing = section 8 not all places are ghetto i promise. i used to have that & lived in a nice apartment in temple. let me know if you have any other questions i have been there, done that, & i am now back in school (1)class anatomy & physiology with 3 kids 7 6 & 1 but my family is there to help. i decided my parents wont be around forever & the mother is usually the sole caretaker of her children so it was time i do something to better my self.

from what i have heard if a man has children that he is already paying child support for and if you were to file yes it would be a lesser amount that you would be getting regardless of how many children you have together. but i still wouldn't let that discourage me from filing. you never know. hope this helped you a little.

I don't know what the percentages are for 3 children when he is already paying for 2 others. I DO KNOW that when there is one child that gets 20% and a second mother with another child will get 17%. It's just the way the law works. With each additional child, I believe 5% is added. That is why his other ex gets 25%. So, if you have 3 children, it looks to me like you should get 27%. Although, I do believe that someone mentioned below that the cap to be taken from his income is 50%. So, you will probably end up with 25%. But - when he is done paying child support to the other mother, which may be way in the future, you can get yours raised. Then, you would get the full 20% for the first one and an additional 5% for the second and third for a total of 30%. Go to or call the attorney general for your questions. You can either file with them (for free) to get child support, which would be quicker in getting money now. But, you should also contact an attorney. Call around, there are several that will do a free consultation to answer some of your questions and tell you what your rights are. DO NOT SETTLE!!!

The spousal support law in Texas says that you have to have been married for 10 years or more. So, you may or may not be elgible for that as well.

I'm sorry you are going through this.. You are a strong woman and you can do it.. Hang in there and keep your head up! You already got the best of him.. your 3 beautiful children!! =)

Unfortunately for you the first children will get more than yours. It does not matter how many he had with you, it matters what child(ren) were first.

Do not let him scare you about not being able to make it on your own. Trust me, child support is barely going to help you pay anything. You need to focus more of your time and brain power on finding a good job and a good daycare for your babies. I know from experience that you cannot rely on child support. I get a whole $60/week if I'm lucky for my son, and his after-school daycare expense is atleast $70/week. So as you can see, if i get the whole $60, then i still have to put an extra $10 with it to be able to pay for daycare, and i still have to pay for everything else, rent, food, water bill, light bill, gas, cable, etc.

It will be hard. you need a good support system in your corner. Feel free to call me if you just want to talk/vent.

I do work full-time m-f 8-5, but you can call me anytime after those hours.

And I'm not sure where you are located, but if you're in the houston area, I thought I would let you know, i will soon open my doors for weekend childcare.

Good luck.

M.
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http://www.helpyourselfdivorce.com/texas-child-support.html

Try this website. It might help you, but I would consult an attorney. I'm not real familiar with the laws but hope this will help you.

Hi A., I believe if you go thru the courts and let them collect the monies for you it will be what the Judge says.
And he can't change and has no say so. Let him put that in his pipe and smoke it. I can't stand when men think they know it all. Just make sure your lawyer takes him to the cleaners.

Cindy

I have 3 daughters and recieve child support. A few things I have learned in the process and after divorce are:

1. You CAN make it. Go back to school if needed, colleges have all sorts of programs - grants, scholarships for single Moms.

2. NEVER let him get you down - lots (not saying all) of men feel threatened when going through a divorce and think if they discourage you about child support you will not pursue it.

3. Go through the state of Texas - they will make sure it is taken out of his paycheck and sent to you. Don't make the mistake of feeling sorry for him and making some sort of verbal agreement - it rarely works! They always come up with some reason they cannot pay. You are entitled to a review every 3 years, DO IT. Especially if you know his pay has increased. Remember, your babies will one day be teenagers and cost more - cars, college, etc.

Please know there are SO many of us Moms out there who have been in your shoes...best of luck to you and your little ones! Take care.

Usually you will get less than what he is paying on his first children. It all depends on the judge. No matter how you feel you should get alimony. This is misunderstood. It is not spending money or a free for all. You have dedicated your time to taking care of the kids and the house. If you do get a lawyer or even if you don't and go before a judge ask for it. A years worth or a few months worth is realistically what you need.(or would be likely to get) Be careful and strong. He could quite possibly try to get custody of the children just to avoid paying you anything. I have two ex's that tried to put me through the ringer and could have cared less about the children just to avoid paying.

Wow! I have just read all the responses and am amazed at how many differences there are. There are laws that govern child support and it is pretty cut and dry in Texas. Your best bet is to ask an attorney that knows the law.

Please do heed the advice of so many that say "do not count on child support". You may as well budget your lifestyle without it and be glad when or if you get it regularly or at all. It is not as easy to count on the Attorney General's free service as some people seem to think it is. Your kids are just another number in their vast array of files.

I have been divorced from my children's father for about 6 years. I am remarried to a wonderful man (my best friend)that I love very much and wouldn't want to live without. However, I have seen my children hurt so much. Their dad plays games with their heads to this day. It has been and still is very hurtful to them.

Even though I am happy in my current marriage I ALWAYS try to encourage couples to make sure that they have exhausted all possibilities of working things out. You and your kids will be ok if not BUT if you can somehow remember and find the love that brought you together in the beginning, yourlife and their life will be so much better.
Divorce is not the easy way out. It is hard especially on the kids and should be a last resort. It will affect your kids for the rest of their lives. I have seen this in my own kids.

I know that this is not the "popular" advice everyone wants to hear but it comes truly from my heart to yours. It is hard to put into words.

I do believe that you must be happy and you should do what you need to do to make that happen. If divorce is the only way, then I support you 110%. All I am asking is that for your sake and the sake of your children make sure that you have exhausted all other resources to make your marriage a happy one.
Written with love and only the best of intentions...

Follow the state mandated requirements for support. The judge or counselor will be able to confirm what is affordible for him. (Just hope he doesn't change jobs to one that pays less,,,,so that he only pays less). Most states, have very strict enforcement policies. Unfortunately it takes time, and if for some reason he looses or changes jobs there is apt to be a laps of CH payments. If you can, try to build up a 3-6 month buffer for the possibility of such instances. Best of luck, and sorry for your troubles.