^^ this

Im surprised more people are not understanding this.

I had a friend who had $200 a month taken out of his minimal Social Securtiy disability. He died early owing child support as the $200 didn�t even pay the interest accrual.

This is what I'm thinking as well. I'll have to ask him what the divorce decree states.

Unless things have changed in the last 2 years, the amount in the decree is what is taken out of the check. That amount is determined at the time the papers are drawn up. You can go up or down in pay after that but that amount stays the same. This was one of my many discussions with the AG's office. The year mine was set, I got a decent bonus and that was included. The next year with that company I did not get a bonus, but the CS amount stayed the same, which ended up being more than 20% of my net. The difference was not 10% so nothing changed.

You can get as many jobs as you want and increase your pay as much as you want and the set amount stays the same, unless one of the parents requests it to be changed, and I think that can only happen every 3 years. If it doesn't change by +/- 10% of the original set amount, nothing changes. Company's do not calculate the percentage, they pull the exact amount of money from the check the AG's office says to based on the orders.

I would ask your son to ask his second employer to see the orders from the Texas AG to withold money. My guess is that second employer's payroll group jumped the gun on this.

https://www.texasattorneygeneral.go...port/get-back-track/modify-child-support

Unless things have changed in the last 2 years, the amount in the decree is what is taken out of the check. That amount is determined at the time the papers are drawn up. You can go up or down in pay after that but that amount stays the same. This was one of my many discussions with the AG's office. The year mine was set, I got a decent bonus and that was included. The next year with that company I did not get a bonus, but the CS amount stayed the same, which ended up being more than 20% of my net. The difference was not 10% so nothing changed.

You can get as many jobs as you want and increase your pay as much as you want and the set amount stays the same, unless one of the parents requests it to be changed, and I think that can only happen every 3 years. If it doesn't change by +/- 10% of the original set amount, nothing changes. Company's do not calculate the percentage, they pull the exact amount of money from the check the AG's office says to based on the orders.

I would ask your son to ask his second employer to see the orders from the Texas AG to withold money. My guess is that second employer's payroll group jumped the gun on this.



This. ^ The decree determines what comes out at time of finalized decree. If salary goes up or down, amount stays same. Only court can change amount. You can go back to court every 12 months.

This is EXACTLY my experience with my child support and that was many years ago

Update: He had an arbitration meeting with the AG and the ex. His divorce decree states $600 a month. The great state of Texas was taking $900 a month from two paychecks. Oops, yes we admit we made a mistake and no you don't get the excess back. Secondly, yes $600 a month is too much because you no longer are making the same amount you did at the time you became legally divorced. But your new amount is within $100 of your current amount and we don't adjust CS for amounts less than $100.

I would call back and make sure that his over paid amount gets credited to his total obligation. Through many mistakes of the AG's office, I was around $2,000 overpaid with 3 years left on the order. They assured me twice that they would send the letter to my employer 6 weeks early to stop taking it out. Well they screwed that up as well, and it took several months for them to pay me back what they errantly took out at the end.

Glad he at least got the other part cleaned up.

When my son had to pay, he was told she didn't have to spend anything on the kids and nothing could be done about it. He finally got custody and she hasn't helped any. She told him she applied for a job, he told her he was looking forward to get some child support from her. Never applied since. All she does is live off others.

This ^^^^^^ happens all too often in our society.

There are 3 types of child support. Most the country uses one that equates what each parent makes and then looks at how much visitation the dad has. So if she is a dead beat and doesn�t make anything the dad usually only pays about 100$ a month depending on what he makes. It�s even less if he has lots of visitation. Say a guy has joint and has 50/50 time he don�t pay hardly anything. Which he shouldn�t. Texas and Arkansas have the 20% of income law. It�s very old and unfair system. After all don�t women want equal rights? There�s a 3rd system out I think Montana uses it. Arkansas is In the process of changing. It will drastically reduce mine

One is called income shares
One is called percentage of income
Last one is Kelwin formula. I know nothing of this one.

Ok so I went read about melaon formula and land it�s good. Wish every state would adopt it.