Right of First Refusal is for when you are going to be absent for a period of two weeks or more (at least in Texas). The day to day thing of taking them to day care so you can work shouldn't have any bearing on this, and if it isn't in your custody papers right now, she would have to go to court and get it modified to include this, if she even knew anything about it. Most people really don't though, at least from what I can tell when talking to others.
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Father's Issues / Re: I am afraid my Ex Wife will try and use... Right of First Refusal!
Dec 21, 2009, 11:51:34 AM #2
Child Support Issues / Re: Confused
Dec 21, 2009, 11:39:42 AM
I am in Texas, working for an attorney, and my soon to be husband is going through all this same stuff.
First off...a lot of everything depends on the judge. Texas Family Code has child support "guidelines" that have nothing to do with how much parenting time each parent has with their children. It's who has primary conservatorship (what used to be custody). With your 2 boys, they would base it on 25% of your income. The family code also has conditions in it that the judges should be looking at when determining child support, but that doesn't mean the judges actually do it. Most will just go off of the guidelines because it's what everyone has been doing for such a long time and the judges don't want to stray and look bad. Plus, most attorneys will follow the guidelines and come to agreements because they know that arguing for higher or lower support before the judges won't work because they go by the guidelines too. Texas generally isn't an alimony state, but there are some cases where it has been ordered, and it just depends on the judge and if your wife's attorney is gonna ask for it. I am not that familiar with it though because my office has NEVER handled a case with alimony.
Now, my fiance is still going through all this with his ex. He just got ordered to pay twice as much support as what he should be based on the guidelines. The judge based this off of his income from last year, when he was working 2 jobs (his part time job he worked more hours at last year than I did at my full time one). He quit his second job this year because he was always working when the kids were suposed to be with us. He is still making good money at his current full time job, one that he has been at for the past 6 years. The judge said that he only quit his second job so he didn't have to support his kids and would not listen to the testimony and evidence of his work schedule being on his days with the kids. The child support that has been ordered is on top of him being required to keep the kids on his insurance at work (which the cost has recently doubled). His take home pay will be less than half of what the ex will get from his checks, and he is not bringing home enough money to pay the the rent, much less any of the other bills.
Most judges aren't as bad as the one we got with this, though. I do agree with knightryda01: most judges will wonder why you couldn't come to an agreement.
First off...a lot of everything depends on the judge. Texas Family Code has child support "guidelines" that have nothing to do with how much parenting time each parent has with their children. It's who has primary conservatorship (what used to be custody). With your 2 boys, they would base it on 25% of your income. The family code also has conditions in it that the judges should be looking at when determining child support, but that doesn't mean the judges actually do it. Most will just go off of the guidelines because it's what everyone has been doing for such a long time and the judges don't want to stray and look bad. Plus, most attorneys will follow the guidelines and come to agreements because they know that arguing for higher or lower support before the judges won't work because they go by the guidelines too. Texas generally isn't an alimony state, but there are some cases where it has been ordered, and it just depends on the judge and if your wife's attorney is gonna ask for it. I am not that familiar with it though because my office has NEVER handled a case with alimony.
Now, my fiance is still going through all this with his ex. He just got ordered to pay twice as much support as what he should be based on the guidelines. The judge based this off of his income from last year, when he was working 2 jobs (his part time job he worked more hours at last year than I did at my full time one). He quit his second job this year because he was always working when the kids were suposed to be with us. He is still making good money at his current full time job, one that he has been at for the past 6 years. The judge said that he only quit his second job so he didn't have to support his kids and would not listen to the testimony and evidence of his work schedule being on his days with the kids. The child support that has been ordered is on top of him being required to keep the kids on his insurance at work (which the cost has recently doubled). His take home pay will be less than half of what the ex will get from his checks, and he is not bringing home enough money to pay the the rent, much less any of the other bills.
Most judges aren't as bad as the one we got with this, though. I do agree with knightryda01: most judges will wonder why you couldn't come to an agreement.
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