daddy4life
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Reged: 02/10/09
Posts: 3
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I live in Dallas Tx and my spouse lives in New Jersey. I am filing for divorce in Dallas. We have 2 kids, they are living with her in Jersey. I found out that there is a child support cap in texas of net of $7500 in Tx. Is there a cap in New Jersey? If I am filing for divorce in Tx, does my child support follow the Tx or New Jersey law?
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googledad
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Reged: 12/31/05
Posts: 10207
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Is there a cap in New Jersey?
>>>>>>>> No .
If I am filing for divorce in Tx, does my child support follow the Tx or New Jersey law?
>>>>>>>>> How long have the kids lived in NJ ?
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Careful. We don't want to learn from this.
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Yes_Dad
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Reged: 08/23/08
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HB 448
This act relates to the computation of child support obligations.
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. The act also provides that this dollar amount is to be adjusted for inflation every six years. The Title IV-D agency shall compute the adjusted amount based on the percentage change during the preceding six-year period in the consumer price index, as rounded to the nearest $50 increment, and publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect.
The act also includes language with regard to taking expenses for health insurance coverage for the obligor's child into account in determining child support. If the obligor has more than one child covered under the same health insurance coverage, the court is directed to divide the total cost to the obligor for the insurance by the total number of minor dependents, including the child, covered under the plan.
HB 448 can be viewed at 80(R) HB 448 - Enrolled version - Bill Text
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daddy4life
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The kids have lived in Jersey for 1 year and 1 month. I live in Dallas Tx. The kids lived in Tx for 2 yrs prior to my ex moving them to Jersey last year. Since they have lived there for that long, can I follow the child support law in Texas with the cap?
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googledad
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Reged: 12/31/05
Posts: 10207
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The kids have lived in Jersey for 1 year and 1 month. I live in Dallas Tx. The kids lived in Tx for 2 yrs prior to my ex moving them to Jersey last year. Since they have lived there for that long, can I follow the child support law in Texas with the cap?
>>>>>>>>>> There is no " cap " in Texas , income of over $7,500/month is still subject to CS but the presumptions for guideline percentage ( 20% for 1 child , 25% for 2 , etc ) no longer apply , a greater or lessor percentage may be ordered . Either state may assume jurisdiction under the Uniform Interstate Family Support Act , although it's more likely the state where the children are living now will prevail .
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Careful. We don't want to learn from this.
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Yes_Dad
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Reged: 08/23/08
Posts: 7406
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[quote]The kids have lived in Jersey for 1 year and 1 month. I live in Dallas Tx. The kids lived in Tx for 2 yrs prior to my ex moving them to Jersey last year. Since they have lived there for that long, can I follow the child support law in Texas with the cap?
>>>>>>>>>> There is no " cap " in Texas , income of over $7,500/month is still subject to CS but the presumptions for guideline percentage ( 20% for 1 child , 25% for 2 , etc ) no longer apply , a greater or lessor percentage may be ordered . Either state may assume jurisdiction under the Uniform Interstate Family Support Act , although it's more likely the state where the children are living now will prevail . [/quote]
---> Which is why I just posted the statute, hoping he would realize his information is incorrect AND the child issue will be handled where the kids are living and have for a whole now. You can't go CS shopping.
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Miranda
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Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Not all the time. My ex has CS thru NM and neither my son or I have lived there since 1997. I attempted to have the order moved and it was denied. CS stayed with the payor.
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13.1...because I am only half crazy!
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Yes_Dad
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Posts: 7406
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[quote]Not all the time. My ex has CS thru NM and neither my son or I have lived there since 1997. I attempted to have the order moved and it was denied. CS stayed with the payor. [/quote]
I am 99% sure I know your state and you certainly would have come out better. MY SIL is in the same situation you are but they would move it if she got off her azz and tried to but her ex has a hard enough time paying in his state as it is so having it moved here wouldnt matter anyway. The guy makes the same (according to all records) as he did 6 years ago. Ya, right. Turbo tax comes in handy, thats for sure.
I advised her to get a SSA earnings history, because tax returns mean nothing, neither do W-2's.
I bet if you got a different judge, it would have moved with you after they were established residents. But most guidelines are about the same anyway. Your state and my state are very similar in the amounts. What was his reasoning?
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PiqueSece
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Post deleted by dsAdmin
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