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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 02-24-2016, 11:00 PM   #1
Jislander
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Default Cheaper to keep her?

Never been through a divorce before, weighing my options. Have 3 kids, wondering what percentage child support may be. We make the same so don't expect to pay anything but for kids.
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Old 02-24-2016, 11:15 PM   #2
ShysterJon
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There are guidelines in the Texas Family Code regarding the percentage of the non-possessory parent's net income which can be tapped for child support. With three kids, it's 30%. But again, the guidelines are only suggestions. The court may deviate from the guidelines if the judge has a reason to.

The AG has a page to make a rough calculation of your child support obligation:

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

In addition to child support, the non-possessory parent is usually also required to pay the premium for the children's health insurance and one-half of medical expenses not reimbursable by insurance.
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Old 02-25-2016, 07:38 AM   #3
ck1942
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Hoping, I am, Jislander, that you and spouse have communicated your issues with each other and considered family counseling, which can often be of great benefit.

Benefit not just to the adults, but also to the three children. And, probably even to your friends in common and to the extended family and relatives.

Not saying, of course, that divorce is or is not an answer.

But y'all obviously have made a huge investment over the years, both into the pre-marital relationship, the marriage itself, the children and the rest of the extended family and multiple circle(s) of friends over the years.

Just saying that crucial life-changing decisions such as divorce should be attempted and made in a calm, rational manner, and usually with some "outside" counseling, even if that counseling is achieved only for one of the partners and not both.

Best of luck moving forward!
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Old 02-25-2016, 06:50 PM   #4
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ShysterJon, as usual, found you the link that you need. I have a partner that does a good bit of family law and in recent years I get called in when there is heavy expert witness testimony and any jury work (plus some non-jury work). Departures from the guidelines are relatively rare unless you have a child with special needs, long standing private school attendance, or substantial non-income generating assets. I'd say 90+% of cases end up going pretty much by the guidelines. Of course, that is just child support. Notes, debts, etc. are an whole different issue.
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Old 02-26-2016, 08:48 AM   #5
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Been unhappy with the SO for years and we fight off and on. We've been together for 22 years and have two boys but I've stayed with her so kids have parents still together through college. So suck it up buttercup! That way you avoid alimony, avoid child support to 3 children, avoid the court system and a stigma that comes with a divorce and are there 100% for your kids. Re-evaluate when they are 18.
The hobby filled my needs of a sexless and companionless marriage for a long while.
I know you were asking for legal advice, thought I'd share some personal advice from someone who's been there for a long long time.
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Old 02-27-2016, 10:26 AM   #6
RALPHEY BOY
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Quote:
Originally Posted by TrailBlazer View Post
Been unhappy with the SO for years and we fight off and on. We've been together for 22 years and have two boys but I've stayed with her so kids have parents still together through college. So suck it up buttercup! That way you avoid alimony, avoid child support to 3 children, avoid the court system and a stigma that comes with a divorce and are there 100% for your kids. Re-evaluate when they are 18.
The hobby filled my needs of a sexless and companionless marriage for a long while.
I know you were asking for legal advice, thought I'd share some personal advice from someone who's been there for a long long time.
dont take this the wrong way but I lived in a home where my parents stayed together for the 'sake of the children'. WORST FUKING MISTAKE..

My life was hell growing up having to deal with them hating each other fighting all the time.. My father calling my mother a whore, my mother calling my father a low life piece of shit, the yelling, screaming door slamming.. yeah thats good parenting...

So do NOT buying to that theory.... your kids see more than you think and they may have serious relationship issues later in life.. like myself...
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Old 02-27-2016, 10:15 PM   #7
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Quote:
Originally Posted by RALPHEY BOY View Post
dont take this the wrong way but I lived in a home where my parents stayed together for the 'sake of the children'. WORST FUKING MISTAKE..

My life was hell growing up having to deal with them hating each other fighting all the time.. My father calling my mother a whore, my mother calling my father a low life piece of shit, the yelling, screaming door slamming.. yeah thats good parenting...

So do NOT buying to that theory.... your kids see more than you think and they may have serious relationship issues later in life.. like myself...
I absolutely agree with you.....they notice the silence and tension just as much as they do the bickering. I think kids are better off with parents who are happy, whether it be in a marriage or single. Staying together just first the kids isn't fair. You aren't showing them what a healthy, happy, loving union is.....you are teaching them to settle. Just my opinion.
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Old 02-28-2016, 08:23 AM   #8
canny
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When my parents told my brother, my sister, and I that they were getting divorced the first thing that all 3 of us said was, "It's about time."
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Old 03-03-2016, 10:00 AM   #9
joesmo888
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the lesson here is don't have kids and get a prenup. this way if things don't work out you can part ways fairly for both parties!!
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Old 03-12-2016, 03:04 PM   #10
doithigh
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I can tell you going from having nothing to getting 70% of my income was like hitting the lottery. Bills got paid and can still eat. Not the case when she was around.
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Old 03-12-2016, 05:46 PM   #11
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Quote:
Originally Posted by doithigh View Post
I can tell you going from having nothing to getting 70% of my income was like hitting the lottery. Bills got paid and can still eat. Not the case when she was around.
Absolutely agree with that! Even accounting for the costs of the divorce and paying more taxes being single I am so much better off. I don't miss a bit those humongous credit card bills from the "upscale shopping malls", coupled with ever less activity in the bedroom. Now I have the best of both worlds: I fuck gorgeous Eccie-girls all the time and still have more money left than before.
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Old 03-13-2016, 02:08 PM   #12
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Decided to suck it up for now. Told her things need to change but going to stay for kids. Not worried about it hurting kids, we don't argue and i don't hate her, we've just grown apart and room action is nominal. Also don't have to worry about shopping bills, other than 2 Louis vutton purses, she doesn't shop much. Fine using the hobby to supplement urges, who knows maybe things will change.
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