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link to the Texas Family code.  You can probably find your answer there.
Or call an attorney and ask them


http://www.capitol.state.tx.us/statutes/fatoc.html

http://www.povertylaw.org/legalresearch/manual/Interstate%20custody.pdf

I don't know a lot about this but this is a link that explains it all.

If the Obligor has children from another relationship(s), the percentages listed above may be reduced.

If the obligor's net resources exceed $6,000.00 per month, the Court shall presumptively apply the above percentages to the first $6,000.00 of net resources. Without further reference to the percentage, the court may order additional amounts of child support. The court may not order the obligor to pay more child support than the presumptive amount (as calculated by multiplying the above applicable percentage times $6,000.00) or an amount equal to 100% of the proven needs of the child, whichever is greater.

Net resources is defined very broadly, and income can also be imputed to a party.

In addition to monthly child support payments, the payor is required to maintain the children on the payor's employment health insurance policy. If insurance is not available through the payor's employment, but is available through the payee's employment, the payor will be ordered to pay the premium costs. If insurance is not available through either parties' employment, the payor will be ordered to provide insurance coverage to the extent available and affordable. Additionally, the Court usually makes orders regarding the payment of deductibles and other uninsured expenses. All Orders dealing with child support must now be accompanied by an Order of Withholding. Medical Support Orders are now commonplace.  The Withholding   order, after presented to the payor's employer, has the Court-ordered child support deducted directly from the payor's paychecks.

Absent marriage or other acts which would emancipate the child, child support orders continue until the child reaches age 18. If the child is in high school at age 18, support continues until high school graduation. If the child is disabled, it may be possible to continue child support for an indefinite period. Texas law makes no provision for support during college, or the payment of college expenses. However, this can be done by a contract between the parties if an agreement can be reached on this issue.

CHILD SUPPORT
The Texas Family Code contains guidelines for the computation of child support. The guidelines are specifically designed to apply to situations in which the obligor's monthly net resources are $6,000.00 or less. In such cases, the court presumptively applies the following schedule:
1 child           20% of Obligor's Net Resources
2 children      25% of Obligor's Net Resources
3 children      30% of Obligor's Net Resources
4 children      35% of Obligor's Net Resources
5 children      40% of Obligor's Net Resources
6 or more children      - Not less than 40%

Hope this helps
 
 
 
 

What jurisdiction is the case in?  Texas? or the other state?

 

           Child support and medical support was denied by the Attorney General's Office because NCP parent has a mental disability and is drawing SDI (State Disability Insurance) from the State of Texas. Also this same parent was charged with Child Endangerment last year.

Grandparents have temporary possessory conservatorship (NCP) and visitation through Bextar County Texas court system. Also the court order states they are to pay child support and medical of which I've never received a penny. It does not state an amount.

1). Will anyone ever have to pay child support or medical support on this child?

2). Will grandparents just continue to have temporary visitation indefinately?

3) Can I asked the the court or the Attorney General to have the grandparents pay the child support, since the court order states they are the possessory conservators?

4) Has there ever been a case where the mother has a mental illness and is on state disibiity and the grandparents were given temporary possessory conservatorship and were made to pay Child support?

I need help here fellow Texans for my cousin


Thanks,


patton

 

You will need to go by your current court order, or ask the court for a modification.

My court order reads as follows:

Notwithstanding the weekend periods of possession ORDERED for Possessory Conservator, it is explicitly ORDERED that Sole Managing Conservator shall have a superior right of possession of the child as follows:

Summer Weekend Possession by Sole Managing Conservator – If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator shall have possession of the child on any one weekend beginning at 6:00 PM on Friday and ending at 6:00 PM on the following Sunday during any one period of possession by Possessory Conservator during Possessory Conservator's extended summer visitation in that year, provided that if a period of possession by Possessory Conservator in that year exceeds thirty days, Sole Managing Conservator may have possession of child under the terms of this provision on any two nonconsecutive weekends during that period and provided that Sole Managing Conservator picks up the child from Possessory Conservator and returns child to that same place.

Extended Summer Possession by Sole Managing Conservator – If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator may designate twenty-one days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which Possessory Conservator shall not have possession of the child, provided that the period or periods of extended summer possession.

Father's Day Weekend – Each year beginning at 6:00 pm on the Friday preceding Father's Day and ending at 6:00 pm on Father's Day, provided that if Sole Managing Conservator is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from Possessory Conservator's residence and return the child to the same place.

Now stating all the above my questions are:

1. If non-custodial parent does not contact me before April 1, 2004 per the court order the non-custodial parent gets the child June 15, 2004 through July 27, 2004. So do I get the child on the following?

a. Father's Day weekend June 18, 19 and 20th? This being my Father's Day weekend.

b. July 2, 3, and 4th and July 16, 17, 18th these two weekends being my two non-consecutive weekends?


2.Can I also request extended vacation as follows even though this falls on the 1st standard weekend visitation for the time in May/June and the 5th and 1st weekends of July/August

a. May 31 through June 5, 2004 (7 days consecutive)?

b. July 30 through August 12, 2004 (14 days consecutive) without visitation interruption, so I can take son on two-week vacation before school starts?






patton

Go ahead and file and send in your paperwork. Send in a copy of the court order that shows you got custody in June, (don' send the whole order)  Be prepared for sending other paperwork IRS will ask you for also.

School records, church records, daycare records, receipts of purchases for child.  There's a whole list of things they will ask for and for the most part you will have everything and the other party won't.

I've been thru this TWICE, with ex trying to claim son or her mother trying to claim him, when I had him most of the time. There are a few new rules but IRS looks at the bottom line, who had the child the most and supported said child.

My cousin had this same situation in Texas.  His ex was bi polar and drawing disability.  What she did not tell the social security office was that she did not have custody of the child.

Cousin found out and took court order to social security and attorney general.  Attorney general in Texas said disability social security income had nothing to do with child support.  So cousin was getting child support and social security for child.  

Ex had to pay back all the funds she had previously collected on child she did not have custody of.

If you think this is happening, make an appointment with social security. Take the child's birth certificate, social security card and your current official notarized signed court order (not a copy) you must have an original for that office.