Is Childcare Included In My Child Support? Texas.


2 Answers

mike chosewood Profile
mike chosewood answered
Well yes and no...

Every 2 years you can take him back for more money...

What happens is that most of the time you get between 17% - 23% of his gross income..

If both of you make the same thing then there is a chance the judge will award more money based on the fact there is a need, in your case it seems there is.  But also the judge takes in account he also has to live.

The reason most of the time you will not get an increase is because if you do re-marry then your house hold has 2 incomes..but even if he gets re-married it doesn't count against him because he is the man (primary source of income for his family) besides the fact there may be 2 incomes on his side.

If he is self-employed or doesn't work..his income is based on what he could make meaning that if for the last few years he made 20k then that is what it is based on...self-employed people are very hard to prove because there are ways around showing how much you make, if they even file. 

The judge is in the best interest of the child not you or him, if he feels that the child is suffering because of insuffient child care because lack of money then yes he will aprove you for more money, but he will break it down and see if you can afford the child care you are providing, and you can then it will stay as it is.  Because you are the main primary giver (money side)  then more of your money is suppose to contribute to the raising of the child, this doesn't mean you want get more money it just means that the judge breaks it down and sees if it is a justifiable means for you and him.

For instance...later if you decide to put the child in a private school...just because you choose to do this doesn't mean the secondary parent is required to contrbute more money for the fact you choosed to do this this.  For what ever reason you have enrolled the child in private school the judge only sees the bottom line, meaning that there has it be a good reason for doing so. 

Not just because you want the child to have a better education, you didn't like the school they where in, or what ever.  It has to be based on something that is a need for the child.  Slow learner, handicapped, or something along those lines.

Now this is my from my thinking but you may feel different but if he is a good dad let him be,  most of the time the reason for divorce is because you realize you have a lot of differences, but  because of the situation you are in divide the week.  Monday through Thursday the child is your, Friday - Sunday he is his , then the next week change schedule.  That way one week you are needing to pay childcare the the next week he is. 

Now if you just got a divorce, taking him back to court right now want work for you, you may have to wait untill the two years are up, but like I said if there is a dire need.  As long as you can afford the up charge I wouldn't do so mainly because of attorney fees, and court costs.  But if the child is suffering from the lack of well being than do so. 

The amount of money that he is suppose to pay, what is that based on.

Did you agree to this amount or is this what the judge decided on?

If you agreed on the amount before hand you have a chance of getting more money.  If the judge gave this amount, you may need to wait untill the 2 years are up.

Now I have been to court several times with my ex for things like this, but because on paper she makes more money than me she never is awarded more money, because the child is in good standings the way things are and also because my ex wife is re-married.  I have re-married also and on paper my wife makes more money than me.  I own a repo company so I am very careful every year I file taxes.  Remember what I was telling you about being self-employed.  My company make around 350k a year but my company only pays me 20k a year.  So 20k is what I file.  Since I was smart I put my company in my now wifes name so than can't hold that against me.  So see like I was saying there are ways to getting around things.  Now do I feel bad for this ... No my ex-wife is a doctor.  I put her threw college and med school for this while I worked and she didn't so I feel that because of this I don't owe here anything because she wouldn't have what she does if it wasn't more me holding down fort while she went to school and when she was going I was working three jobs at the time just to pay for it.  But anyways I hope this helps and good luck

oh best thing to do is talk to your attourney, and most of the time consultation in free...
cara romanowski Profile
cara romanowski answered
It actually depends on what you have in paper when you went to court. Yes that should be included, but also should be asked for if you have not. You can always go back to court and ask for the additional help. He should also have insurance for the child and pay for at least half of the schooling fee's when the child enters school. You need to speak up to your lawyer and if he wont fight for you on this , there are plenty of lawyers that will! Hope I helped a little and Good luck.

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