Adjusting Child Support if STBX gets a better job?

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Adjusting Child Support if STBX gets a better job?

Unread postby Rssooner » Thu Apr 20, 2017 3:22 pm

Hello everyone

Live in TX. First draft of decree has been written. We have agreed to 50/50 custody and time so child support was calculated on my net income - her net income. I had to pay the max for 1 child b/c of my income. She just got a full time job (first one in 10 years since she decided never to work even when my son was in school full time). Since we are 50/50, I want to put in the decree that if she gets a higher paying job then the child support will be recalculated. Just like if I get a less paying job it should be recalculated. Is this a common thing to put in a decree?

Also, I have to pay spousal support of $38K over 3 years. Is it common to place in the decree that if she marries or lives with another person of the opposite sex that it voids the remaining support?

Thanks in advance for the help.

RS
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Re: Adjusting Child Support if STBX gets a better job?

Unread postby ScaredNConfused » Thu Apr 20, 2017 4:52 pm

Not sure about TX, but I highly suspect it is similar to CO. When it comes to child support, either of you can start the process to change it based on income changes or overnight changes. Doesn't need to be in the decree, actually likely helpful if it is silent assuming TX is the same.

Just about everyone I know has a clause around re-marrying. I didn't get it, but I'm pretty sure it is a combination of only 15 months alimony and the arbitrator deciding that my ex demonstrated that her getting married again won't happen.
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Re: Adjusting Child Support if STBX gets a better job?

Unread postby spritom » Thu Apr 20, 2017 6:22 pm

For spousal support, many states don't have a hard and fast rule, so it can go into the negotiation bin with dividing up the 401k, the toaster, the dog, etc. Spousal support can have most any criteria attached to it if the other side agrees to it.
* specific maximum length of time (yeah, have that for sure)
* remarrying (very common that they'll shack up with some guy...even for those females that previously preached against living with somebody...but when it's mo-nayy involved...yeah, it happens)
* living with somebody (not easy to enforce...even if some new dude does move in...oh...that's just an...uh....overnight.)
So if it's still in negotiation, and she's wanting Spousal Support, then see about trading horses for other tradeable stuff.

Child Support
Whatever you put in the decree today about CS can be quite easy to be recalculated soon after...like 6 months to a year. So do not mix CS in with negotiating away the boat, the 2nd house, the motorcycle. Because she'll take that 2nd Jaguar sell it, then 6 months later, file to recalculate CS...and you won't get the Jag back.
Keep CS separate.
(unless she's dealing CS in your favor, then mingle it and you refile CS later to a lower level)

Also, CS goes to the state. Many states do a somewhat sliding scale of both parents income, the time they're with the kids, etc. (AZ does this...many others too)
Some states are totally one-sided on CS, kind of 1950's like almost. (IL especially)

Doublecheck me on TX...
I thought TX was the job of the CS payor only...and not the receiver. So if the receiver makes minimum wage or $100k a year...no change...only based on the payor.
But yeah...doublecheck me on that and very much read the details of TX.
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