Friday, October 1, 2010

Question "I make minimum wage & I can't pay child support"

On law I just answered a common question so I thought I'd post it here.  I've answered this question approx. 100 times and I thought I'd post it here.

The "basic" question is this:
The father makes minimum wage.
The mother makes $75,000/year
Father can't afford to pay the court ordered child support.
Father is complaining that Mom does not need his child support.
Father can't afford to pay his rent or buy food.

Here is my quick answer since is a free place for people to ask lawyers questions.
Child support is based on YOUR income.
In fact, child support is NOT based on income.
Child support is based on NET RESOURCES.
Net resources is your income from ALL SOURCES OF INCOME - so if you do any odd jobs, have any investments, pawn a watch to get cash, sell a car to get cash, get any money from friends, family, girl friends, etc. it goes toward your child support.
Mom's income is irrelevant.
For one child - child support is 20% of your net resources.

I suggest that you go to the TX A G child support website and read about child support.  There website is written for the general public and it is actually very informative.

There are many websites on TX Child support. Be sure to read only about Texas child support.

There are even child support "calculators" that are even "somewhat" accurate. Do not rely totally on these free "calculators". However, they will give you a general idea of what you should be paying in child support in the State of Texas.

The more minor children that you can prove to the Judge that you financially support, you get to reduce the percentage of support for the child(ren) in front of the Judge in this case.

 The TX A G website had the "official" chart that attorneys use to calculate child support.
Believe it or not, The TX A G is the agency appointed by the Texas Legislature to set the child support chart each year. 

The chart is in the TX Family code.  The TX Family Code is on the internet.  Go to any major search engine, like GOOGLE, and look for it. 
You cannot get c.s. lowered - you pay c.s. based on YOUR income - not hers.

Child support comes BEFORE anything else - rent, food, etc.
Child Support survives YOUR death.
When you die, it becomes a debt of your estate.
If you inherit any money, the TX A G will intervene and "grab" the money if you are seriously past-due in your child support.
you cannot declare bankruptcy and make your past-due child support "disappear".
Also, be careful with anything using your social security number (bank accounts, etc) the TX A G computer will "grab" the money if you are EVER late with a payment WITHOUT ANY NOTICE!!! Then you will have checks bouncing!! (Yes, it happens all the time!!!)
When you retire, if you owe any child support, it will come out of your Social Security check!
In summary, child support is the debt that NEVER goes away!