Child support..Am I being unrealistic?

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Child support..Am I being unrealistic?

Postby MrBrightside » Mon Feb 06, 2012 9:09 pm

I am very fortunate that the kids are currently with me. I am asking my STBXW for child support here in Texas (25% of her income)as well as:

1. Help pay for their health insurance
2. Contribute to their college fund
3. STBXW pays for their airfare since she now lives on the opposite end of the lower 48.

She says I am asking for way too much. That she can't afford it. Am I being way too unreasonable? Or is what I am asking standard when it comes to child support?
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Re: Child support..Am I being unrealistic?

Postby Fatheroffour » Mon Feb 06, 2012 9:12 pm

College fund is not standard.

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Re: Child support..Am I being unrealistic?

Postby spritom » Tue Feb 07, 2012 4:01 am

Health insurance is already built in to many states' child support calculations. I'm not sure about how Texas does it though.

For the airfare, she moved away? If so, she made the choice and I'd start with the stance that she pay for travel (you'll happily go to/from the local airport). But in the mean time, keep this item as a negotiable thing to where you'll compromise down to a 50/50 airfare of agreed-upon flights.
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Re: Child support..Am I being unrealistic?

Postby Thoughts? » Tue Feb 07, 2012 10:32 am

In TX 25% is guideline for two kids up to $7500 of net, with net defined by a state promulgated formula that factors in taxes & some other expenses. And health insurance is generally payable by the NCP who is paying support. Whether or not you are being realistic probably would go to income disparity. If you make $200k per year and she makes $25k, chasing all of this would seem rather worthless.

In a case in TX, you will not likely win college fund contributions. You can force perhaps allocation of assets, particularly any Section 529 funds, to yourself. And you can try to get her to commit to it in a mediation. But if it goes in front of the judge, it will not be awarded.
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Re: Child support..Am I being unrealistic?

Postby golfdad » Tue Feb 07, 2012 10:38 am

Why are you negotiating airfare for the children to fly across the country to see her?

Those costs are entirely hers. I wouldn't even bring it up.

This sounds like a slippery slope.

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Re: Child support..Am I being unrealistic?

Postby Thoughts? » Tue Feb 07, 2012 10:50 am

Good point. The way to handle it is to have pickups & drop-offs either curbisde at their residence with you or at their school at the beginning & end of any possessiion period. For sake of clarity, if she was the party that moved, you can add a statement that "all travel costs will be born by PARENT X."

But if she moved away, then all costs are hers to bear.
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Re: Child support..Am I being unrealistic?

Postby MrBrightside » Tue Feb 07, 2012 11:21 am

Thanks for the input guys. So this NCP that is payable in regards to the health insurance? What does NCP stand for? You kinda lost me there. :? Will my STBXW be responsible for their health insurance? And if so, is that seperate of the 25% of her income that Texas law states when there are 2 kids involved? It appears I make more than her, but not by much.
Also, she was the one that elected to move away. I gave her many chances to return so we could work on the marriage, with no luck. She says she wants to see them as much as possible and is mad that she won't be able to see them very often. She did the numbers of how much they are with her vs. me and she said it was staggering. Well, of course!
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Re: Child support..Am I being unrealistic?

Postby Trevor » Tue Feb 07, 2012 11:43 am

NCP is non-custodial parent. NCPs typically do pay for the kids' health insurance, but it is factored in to the CS amount. Learn the TX state statutes inside and out.

She cannot be mad that she can't see them often if she's the one that abandoned them. You just don't get to have it both ways.
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Re: Child support..Am I being unrealistic?

Postby Treading Water » Tue Feb 07, 2012 4:59 pm

In Texas, statutes call for the NCP to pay for the children's insurance in addition to the 25% child support.

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