C/S mod. Motion's Temporary order has mathematical error

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: C/S mod. Motion's Temporary order has mathematical error

Unread postby Trevor » Mon Sep 25, 2017 7:41 am

The new kids aren't part of the equation in most states. Your new wife's income shouldn't be used to calculate CS for kids that aren't hers, nor is it typically the case that your subsequent children are factored in to your obligation to support the kids you already have (as states have overwhelmingly decided that you make the new kids with the full knowledge of your existing obligation to your present children).

When your lawyer filed for a CS mod, what was given as the change in circumstance for the first child? (Hint: you having more kids only changes you circumstances, not your kid).
"Personal density is directly proportional to temporal bandwidth."
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Re: C/S mod. Motion's Temporary order has mathematical error

Unread postby Campfire » Mon Sep 25, 2017 7:43 am

Dintexas,

Heres the calculator:

https://www.texasattorneygeneral.gov/cs/calculator/



Tell us the inputs you're making.
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Re: C/S mod. Motion's Temporary order has mathematical error

Unread postby Campfire » Mon Sep 25, 2017 7:43 am

Trevor, it appears the new kids are included in Texas.
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Re: C/S mod. Motion's Temporary order has mathematical error

Unread postby Trevor » Mon Sep 25, 2017 7:45 am

Campfire wrote:Trevor, it appears the new kids are included in Texas.

Okay, I knew a couple states do that. I also see OP don't have a lawyer.
"Personal density is directly proportional to temporal bandwidth."
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Re: C/S mod. Motion's Temporary order has mathematical error

Unread postby Dintexas » Mon Sep 25, 2017 8:22 am

Guys thanks a bunch for your input and information...

For simplicity I would urge to assume the following and than try to answer the question at hand:

1. Owe back c/s for past 2 years
2. ex filed for c/s inforcement
3. judge said pay $xx/month towards arrears (say 200)
4. counter motion to modify was filed by me and temp order was issued with pending final hearing
5. Temporary order stated to pay $xxx/month (say 700) as oppose to the original $$
6. The total obligation became $900/month - (this is the amount I am unable to pay)
7. For saving time and lengthy discussion, please assume that $600/pm was not calculated correctly (assume judge only considered gross x 20% instead of Net x 16% (since I have two more kids to support now and Texas allows to consider the new obligation)

Now the big question:

(Mind you that this $600 is coming from temporary order and not the final order.) While on Temporary order is there anything I can do/file (NUNC PRO TUNC or Appeal) to fix this temporary order amount or ask the judge to recalculate and apply state guidelines (Net x 16%) so $600 can be brought down.It will bring the amount lower enough that I can pay consistently every month without falling behind.

thx
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Re: C/S mod. Motion's Temporary order has mathematical error

Unread postby afc » Mon Sep 25, 2017 8:24 am

Why are you the only one supporting your two more recent children? Does not your wife work?

SAHM might be a luxury your family cannot afford.
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Re: C/S mod. Motion's Temporary order has mathematical error

Unread postby Trevor » Mon Sep 25, 2017 8:27 am

Wow, you're in a bit of a mess, OP. Need to look forward, but I can't help but wonder why you failed to pay existing CS for two years while you were busy having more kids. Did you lose your job?
"Personal density is directly proportional to temporal bandwidth."
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Re: C/S mod. Motion's Temporary order has mathematical error

Unread postby Dintexas » Mon Sep 25, 2017 8:30 am

Trevor wrote:Wow, you're in a bit of a mess, OP. Need to look forward, but I can't help but wonder why you failed to pay existing CS for two years while you were busy having more kids. Did you lose your job?


Yes
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Re: C/S mod. Motion's Temporary order has mathematical error

Unread postby massdad1234 » Mon Sep 25, 2017 8:30 am

while on temp orders that were apparently miscalculated at the time.

OP - imagine how this looks to a judge. You have sherked your court ordered financial responsibilities to one child and had 2 more and then lost your job.
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Re: C/S mod. Motion's Temporary order has mathematical error

Unread postby Trevor » Mon Sep 25, 2017 8:32 am

Did you petition the court to reduce CS for the job loss? I am presuming you weren't fired. Right?
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