I was with the father of my children for 11 years, never married, before I found out he had been sleeping with prostitutes and using heavy drugs. I packed up myself and our three children and moved into one of our vacant rental properties. I have been a stay at home mom since we got pregnant with our first child 10 years ago. It's been almost a year since I moved. He makes about $1,000,000 a year and has been supporting the household in order for me to continue to stay at home with our youngest who is three. I believe he has been clean for 4 months. He is now telling me that if I don't move back in with him he's going to get 50/50 custody of the kids and only pay the mortgage payment on the house the kids and I have been living in. What are the chances of him getting 50/50 custody with a drug habit and does the Texas cap on child support change when there is different circumstances involved?
Chances are he will not get a 50/50 custody arrangement. With this large income, child support is not limited to guidelines. That is why he is threatening you with a 50/50 custody so he won't have to pay anything or at least not as much. Please contact an attorney before you make any agreements concerning child support or custody.
If you are able to prove that he is using then it is very unlikely that he will get 50/50 or even a Standard Possession Schedule.
As far as the child support guidelines in Texas, the percentage of his net monthly resources (take home pay) are as follows:
For 1 child 20%
For 2 children 25%
For 3 children 30%
For 4 children 35%
For 5 children 40%
Please be aware that a maximum amount of monthly net resources from which child support can be calculated are now $8550 per month.
However, judges can issue child support awards that deviate from the child support guidelines when good cause exists.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements