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Question about CS

momof4plus2's picture

My SO pays CS for his 8 year old his mother doesn't work has remarried and has a baby. My question is do they imput an income if she has none? I was told since she has a child under 30 months they don't but that doesn't see right if the child isn't his? When the CS was done she had no income but im wondering if its worth modifying.

WifeVersion2.0's picture

Depends on the state. Texas doesn't look at what the custodial parent makes in determining CS amounts. It's a flat percentage of the NCP's net income.

momof4plus2's picture

wow glad I'm not in Texas. Drives me crazy that he pays so much pays for half of everything and she doesn't work and claims him every year.uugh

WifeVersion2.0's picture

Yeah, Texas kind of sucks on this part.

DH has two kids with his ex. One primarily resides with us, the other resides primarily with BM and he still has to pay her $900/month CS. She doesn't work, and isn't remarried. She lives off child support from my DH and from her youngest kid's Father and government assistance. She lives in an old house that her parents paid off years ago and drives their hand me down cars.

Well, for two more years anyway. Wink

Rags's picture

Yep, Texas definitely lands heavy on the NCP for support. However, visitation tends to be much higher for the NCP too. This is why we only used changing venue to Texas as a stick when the Sperm Clan got stupid. Their CS would have gone up by nearly 70% had we initiated moving the case to Texas which we could have done after the Skid being resident for 6mos. We did not do it because no amount of money is worth exposing the Skid to the shallow and polluted end of his gene pool any more than necessary. They sure got antsy when we had our attorney send them the stop the bullshit or we are moving the CO to Texas letters.

So, if you want more time with your kid as an NCP Texas is a good place. If you are a CP and want more $ out of the NCP Texas is a good place. And vise versa.

No Name's picture

My husband's ex has had many good paying jobs but it seems that every time that they go back to court she just happens to be unemployed. I think if he would have had a lawyer they would have imputed her earning potential but since we couldn't afford an attorney that didn't happen. The judge imputed the minimum hourly wage at 40 hours per week.