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Same situation - different CS ?!? wtf??

Regretful1's picture
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I live in Texas. I have 2 kids and 50/50 custody. DH has 2 kids with 50/50 custody.
My ex makes 70% of what I make...I make $77,000 and he makes over $200,000. I get no CS, but we split all bills in a 70/30 fashion...I pay 30%, he pays 70%. We both provide insurance.

My DH makes a little over $100,000. His ex makes around $50,000 (don't know exact number). He has to provide insurance (actually, I do thru my work) and he pays her $900/month. In addition, he pays 50% of all other expenses (extra curricular, prescriptions, etc)...and she hits him up for EVERYTHING to the last dollar!

Neither of these arrangements were court ordered, meaning we didn't get order this by a judge, we agreed at the time of divorce. I was trying to be nice (too nice) and my DH was afraid he would have been stuck paying more, so agreed to this amount.

So, basically, we come out on the losing end of both situations...any advice??

bellacita's picture

start there to find out what u both should be paying. i think in most states, they grant CS reviews every few yrs (3 here in MO) if u ask for one. otherwise, unless there is a significant change in circumstance, u cant usually change CS. also, if for any reason either of u have to go back to court for custody, CS might be changed to the state guidelines.
my FH, for example, had an arragement documented by BMs lawyer and signed by all for a set amount of CS. it was lower than the guideline. in hindsite, i now think BM fabricated a bunch of crap including false abuse claims, etc to file a motion for modification of custody just so she could get more CS bc otherwise, she would have to wait 3 yrs. nothing changed custody wise and we were cleared of everything but the GAL still did the worksheet and now FH has to pay almost double what he was. on the flipside, he has custody of a son to his 1st wife and also agreed to a lower amount of CS...we are trying to get this modified by asking the state to review the incomes of him and his ex. it had been over 3 yrs since the original order so they grant the review.
but thats just MO...i would do the online thing and find out what the calculations are then try to find how u can get it changed if it would be in ur best interests. good luck!

sparky's picture

What do the papers say? Did he sign papers saying that he would pay that? Ask for a review after you do the calculations.

losingmymind's picture

If it is set in stone you can always file a modification of child support based on the 50/50. I don't understand. If a child is in each parents home equal amounts of time why would one parent pay the other one. Child support is given to a custodial parent for HALF of or their correct percentage based on income for the total care of the child since the custodial parent usually bares all the expenses. What county are you in? Did you look to see what the statutes in that county and or state are on joint physical are?

Best of luck to you!! Smile

Gestalt's picture

Run the numbers on the online support calculator and if it looks advantageous then absolutely file for modification- for both cs orders.

"The beauty of life is, while we cannot undo what is done, we can see it, understand it, learn from it and change, So that every new moment is spent not in regret, guilt, fear or anger, but in wisdom, understanding, and love."

Ariannda's picture

Texas figures out a set percentage per child (30% for 2 children i believe) of child support... or they did for mine, however he was military and not making anything CLOSE to what you guys are talking about. Frankly I'd call a lawyer, and go back to court on both counts !

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