Question about Child Support via Stepparent
Quick question about CS. I am SF for 8yo and 4yo stepsons that live with BF (long story). Anyway - at divorce trial, CS was based on my DW's income. She wasn't working at the time (thanks to horrible temporary orders), and the CS was based on what she could be making at the time. She is an LVN and in RN school, but won't finish until next year. BF is a real PIA, and has complained that we owe him for medical insurance for the SS for 1 1/2 months (BS as we can prove). He has successfully arranged for a conference (mediated by Texas DA) to re-evaluate the CS next week. I pay my wife's CS and have the SS on my medical insurance because I am working. I am a physician, and am wondering if he thinks he can get more from my DW for CS. The BF is a correctional officer and makes 1/6 of what I make.
This entry in another topic worried me:
"Normally court does not allow it unless a) the bio parent who is supposed to pay cs is unemployed and the step- parent is supporting bio parent. or b) the step parents income is significant enough to warrant extra cs being ordered to ensure the skids are provided for equally at both houses."
Is this true? If it is, I don't think it is true for Texas.
I am not allowed to attend the CS re-evaluation meeting, and didn't think it would be a good idea for my DW to be in the same room as the BF - but whatever. I just asked her to make sure she breaks off the knife after it hits the back of the heart.. ...
Any advice or clarification would be much appreciated. Thank you in advance.
Yeah, in TX stepparents
Yeah, in TX stepparents income isn't considered. Cs in TX is based strictly on the non-custodial's income. I would ask an attorney about the student thing. I've never heard of that but it sounds really interesting. Also, in TX they will calculate an amount of what your wife should be paying. Then they'll subtract the amount it costs to have the kid on the health insurance. Since you pay the health insurance, I don't know if it changes things, but that is usually what they do. They also set a lower percentage if you two have any kids together that she helps support. Many custodials are clueless about the law and do believe they'll get their hands on the new spouse's money. Not true though. Let us know how mediation goes! Does your wife have an attorney? Make sure she doesn't sign anything she doesn't thinkbis reasonable!
I had a friend who this
I had a friend who this happened to - when she married her husband it was his second marriage and he had a son - the BM tried taking DH and her to court to get the CS upped because of her salary - the judge looked at the BM and said "Was DH's new wife there when you conceived your son - I don't think so - so therefore she has no part of him or raising him - that is you and your Ex husband's job - now quit wasting my time" the case was dismissed.
Here is something I got off of the internet
Under Texas Family Code, a court can only order a "parent" to pay child support. Tex. Fam. Code §154.001, 154.009. 154.182. The term "parent" does not include a stepparent or a live-in boyfriend. Tex. Fam. Code 101.024. Also, the court cannot include a stepparent's or a live-in boyfriend's income to calculate the amount of support a parent has to pay in child support. Tex. Fam. Code §154.069.
here is another one:
Is a step-parent's income used to calculate child support?
As far as the court is concerned, step-parents have no obligation of support for their step-children. The use of a step-parent's income in the calculation of child support is actually prohibited by Texas family code.
Hope this helps - I did not think that they could use your income but here are some codes to back it up.