What constitutes child support?

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What constitutes child support?

I am financially unable to afford a lawyer. My current wife will remain in our house with our 2 children. I will be paying mortgage ($1209) and all utilities until both children have left the house in 6-7 years. This would essentially be child support but, what forms would I need to fill out to ensure this type of arrangement rather than court ordering a set payment to be paid to an agency? Paying to an agency would adversely affect me paying these bills.

Asked on September 9, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Child support is an amount of money paid out to the custodial spouse and based upon various factors such as income, amount taken out for taxes, union dues, child's health insurance and social security payments, etc.  IT DOES NOT take in to account rent paid, mortgage paid, utilities paid, etc.  You start with you income, deduct the factors listed (plus others) and then from that adjusted amount you take a percentage based upon the number of children you have. With 2 children it would be 25% (based upon only 2 children and not any others).  You can not do what you explain here: pay other bills and not technically "child support."  There are child support guidelines that are laws that must be followed.  There are forms and sheets that you will be required to fill out.  I would go down to the courthouse and ask the matrimonial clerk the name of the form they use to calculate the child support and where to get it.  Then have someone help you calculate because the judge will not agree to what you are doing and just order it anyway.  Try legal aid.  Good luck 


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