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Name: mle   Title: Cap on child support payments

My soon-to-be ex-husband and I live in Texas. Monthly child support payments for our two children are limited to 25% of his net income. My husband has found a web site that states that the percentage is calculated on a net income cap of $6,000 per month. While my husband earns substantially more than this per month, he argues that this statute will limit his monthly child support obligations to $1500 per month for both children. All other websites that I have consulted state 25% of net income without respect to a cap. At the same time, my husband maintains that he will not contribute more than half to our children's $10,000/year private tuition costs and all extracurricular activities. I am currently unemployed, but even with a doctorate in education, I don't project a future salary anywhere near my husband's current annual income of $130,000 plus bonuses. We want to avoid high legal costs in our divorce proceedings, but I don't see how this can be avoided if he refuses to be reasonable. Any advice?

Name: WIMomof1 New Member

In Texas HB 448 in 2007 . The act raises the cap on net resources subject to the child support formula from $6,000 of monthly net resources to $7,500 of monthly net resources. This means that the maximum guideline child support for 2 children rises from $1500 to $1875 per month.
They do this in some states ( Lucky NCP's) for fairness because anything over what the child needs is a windfall for the Custodial parent and ends up Maintenance in the disguise of Child Support.

Name: madalex Member

I agree with cheeps - you need a good lawyer. Either there is a net income cap or there isn't. If there is, you are out of luck. If there isn't, then he is out of luck. You need a lawyer to help figure this out.

Name: cheeps New Member

Consulting a lawyer doesn't cost much...hiring one does. But it sounds to me like he wants to screw you over so I'd get a good one.