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TX CS and more biokids

loveandfitness's picture

Submitted by loveandfitness on Thu, 10/10/2013 - 1:32pm

Forums: 
Family Court

We are in Texas.
FH currently pays a very high amount of child support and has been ever since FSS8 was an infant, the amount has never changed.
We have been together for 3 yrs and have a son2 together. Planning on "officially" getting married soon, and would love to have another baby, if we can ever afford it.
I've recently gotten a job now that DS is old enough to not need me as much, so that hopefully we can finally move out of my parents house, as we have had to live with them because we are unable to afford or even save money towards our own apartment.
Also, BM was supposed to have been paying half airfare for visits, but ceased payment when the flight was cancelled 7 years ago. Thus, because he was afraid to fight her, and couldnt afford it anyway, for 7 years FH has been paying FULL trip GAS money to and from every other weekend, FSS and BM live 5 HOURS AWAY. (where she shamefully and sneakily moved one day while FH was at work... quite literally taking everything but the kitchen sink from their shared apt.)
So my main question is, now that he has a family and another son to support, is it possible to have his child support lowered? And should FH be seeking compensation for the years of unpaid visits?
I have tried to do some research, but have come up with nothing that seems accurate.

loveandfitness's picture

Submitted by loveandfitness on Thu, 10/10/2013 - 3:26pm

The judgement is not appreciated. Sometimes things happen, and children are not planned no matter what precaution you take. (Im my case, everything known to man other than not doing "the deed")
I'm asking because I didn't know, not demanding money or stating that it is deserved.

Stepmommyb's picture

Submitted by Stepmommyb on Fri, 10/11/2013 - 7:36pm

I agree a parent should try to be financially stable.

I'm used to a 50/50 situation. This doesn't sound like the same, so maybe he should still continue to pay the am the does, or maybe a very slight decrease. Definitely will depend on state or county.

With that said I completely understand if you bring another child into this world you're fully aware of the prior commitment, but that's such an iffy subject.

Personally, in my situation we have my SD 50% and my husband still pays quite a bit in CS. In my opinion, we support her 100%, basically. If anyone told me I shouldn't have my own child because my husband already has prior responsibility I would probably tell them a few choice words. Though, we live on our own, have full time jobs, etc etc. even if I wasn't working or was making less, or he was, why is one person able to have children over the other? I'm not sure I will ever understand that point of view. Smile

overworkedmom's picture

Submitted by overworkedmom on Thu, 10/10/2013 - 1:42pm

I know that when we went in to make BM pay support the judge did ask her how many kids she had total and then how many of them lived with her. I would think that that would be taken into consideration since your stbDH does have more than one child to support.

Willow2010's picture

Submitted by Willow2010 on Thu, 10/10/2013 - 1:49pm

Actually in Texas they do take in other bio into consideration. BUUUT..it is not much at all. Example...In Texas it is a straight 20% CS for the first child. Then 5% more for each extra bio. Example. 2 kids equal 25% of NCP income. I think you get like a 2% decrease for your other bios. It may even be 1%

In your situation, your DH pays 20% of his income. It should actually be 18% because of his bio with you.

Just a thought here...if your DH started paying 20% of his income from 8 years ago and has never had it adjusted...he may end up paying more since he is probably making more now.

Rags's picture

Submitted by Rags on Fri, 10/11/2013 - 2:23pm

Your SO's CS obligation will likely not go down very much at all if you have more children. My SS is the eldest of 4 out of wedlock SpermIdiot spawn by 3 different baby mamas for the SpermIdiot.

Each time DickHead tried to get his CS lowered when he had another spawn CS went up.

We lived in Texas for more than 12 of the 16+ years that my SS's Custody/Visitation/Support Court Order was in place. Our CO was from Oregon though so our situation will be somewhat different than yours.

So, do not expect CS relief as you grow your family.

However, it is not all bad news. Your SO needs to nail BMs ass the wall for moving and for her half of visitation travel costs. He can go get the Skid for visitation then he needs to tell BM to get off of her ass and come get her son when the visitation is over. He needs to do this each and every visitation. If every two weeks makes the visitation costs too high then SO should file for an ammendment with a complaint that BM kidnapped the kid and moved without the permission of your SO or of the courts. SO should push for BM to pay 100% of the visitation travel costs ever two weeks.

SO definately needs to quit being passive with BM and start an agressive defense of his rights. If BM wants to kidnap the kid SO needs to have the police, CPS and the courts up her ass constantly.

Good luck.