How much percent is child support in texas

How Child Support Is Calculated In Texas

May 19
Evans & Herlihy
Family Law

State statute determines how child support is calculated in Texas, though a judge has some flexibility. Whether you’re receiving or paying child support, you need to focus on your child’s needs and meet them as best you can. Judges take child support seriously, so if you’re obligated to pay it but can’t afford the payments, you could ask to reduce your obligations.

Under Texas law, child support isn’t voluntary. If a court decides how much support you must pay, you have a legal duty to do so. Even though child support payments are required in Texas, parents often stop paying or pay less than the ordered amount. This may be the result of changes in a parent’s financial situation. They may be laid off or have unexpected medical bills. However, a change in payments can have other motivations. A parent could also stop paying as leverage for a better custody or divorce order.

Determination of Who Pays Child Support

Physical custody (the time a parent spends with a child) determines who pays child support. In most cases, the “noncustodial parent” — the parent who spends less time with the child or children — pays child support. The parent paying support is the “obligor.” No matter which parent you are, child support payments are solely for your child’s benefit. In Texas, the payments are determined by formulas and specific guidelines.

How is the Amount of Child Support Determined in Texas?

The amount of child support is determined based upon a percentage of the obligor’s income. However, parents can agree to pay more than Texas guidelines require. What they cannot do in Texas is decide to pay less, even if both parents are in agreement. The court makes the final approval of the amount of child support.

The custodial parent must also share in the costs of raising the child. The calculation of the child support payment starts with the obligor’s gross income, deducts some costs, determines a net income, factors in the number of children, and then takes a percentage of that amount.

Determining Gross Income for Child Support Payments

Gross income includes all wages, salary, commissions, tips, overtime, and bonuses. Losing a job doesn’t necessarily mean you have no income. You may get a severance payment, unemployment benefits, rental income from an owned property, Social Security, or workers’ compensation benefits. Your income could also include gifts, prizes, and alimony.

If a judge thinks it’s appropriate, an income value for assets that don’t produce income, like a second house or car, could be added. This valuation of assets by a judge could also apply to inherited property that could be sold. Its market value could be considered income. If a judge thinks a parent has decided not to work or is underemployed to avoid making support payments, the court can attribute income the parent should be earning to determination of the amount of child support that parent should pay.

Determining Net Income for Child Support Payments

After calculating gross income, the next step is determining net income, which is usually less than gross income. The following would be subtracted:

Social Security taxes or, if none are paid, any mandatory retirement plan payments
Federal income tax payments
Union dues
Health insurance premiums and medical expenses for the child or children if a court order covers these costs.

Once the annual net income is determined, it will be divided by 12 to determine the monthly net income. If you’re already paying support for another child, that would be a credit toward additional payments.

Formula for How Child support Is Determined in Texas

Once monthly net income is calculated, take that amount and multiply it by a percentage based on how many children the parent supports:

1 child – 20%
2 children – 25%
3 children – 30%
4 children – 35%
5 children – 40%

These percentages apply when the net monthly income is up to $7,500 a month. If it’s more than that, the judge increases the support award depending on both parents’ income and the child’s needs.

How Flexible are the Texas Child Support Guidelines?

There’s a presumption that the guideline is appropriate. If a parent wants the amount to increase or decrease, they must show the judge that the amount is unfair or doesn’t serve a child’s best interests. When making a decision, the court should review all relevant factors, including the following:

The child’s age and needs
Whether the custodial parent can support the child
Financial resources, assets, income, and debts
The amount of time the child spends with each parent
The custodial parent’s net resources
Childcare costs
The managing conservatorship or legal custody
The obligor’s alimony payments
The child’s post-secondary education costs
Whether a parent has unusual employment benefits, such as housing or a car
Other wage deductions
Cost of health insurance and which parent provides it
Extraordinary costs, such as education or health care
The child’s travel costs between parents
Income from property or other assets.

Modifications, or Changes, to the Amount of Child Support

After a child support order is in place, a parent can ask that it be modified if a “substantial” change has occurred. This can include changes in:

The obligor’s income
The child’s medical needs or the cost of health insurance
The child’s living arrangements.

What is the Average Child Support in Texas? What is the Maximum Child Support in Texas?

If you are wondering how much child support you can get, know that each case is unique and based on the incomes of the parents. For example, a child with special needs could justify payments beyond what’s in the guidelines. Or, in some cases, the parents may agree to a support amount that’s more than required. Though the Texas guidelines may seem to limit the maximum amount of child support you could receive, it can depend on what a parent is willing and able to pay.

We Help Parents Facing Child Support Issues.

Do You Need Help?

If so, talk to the child support attorneys at the Evans & Herlihy Law Firm. We can help a parent establish a child custody order, enforce it, or modify it as needed. Our experienced family law team works to resolve issues quickly. We want to minimize the stress that families feel about the financial support their children need. We understand that family law issues can be sensitive and emotional. You can trust us to handle your case with respect and discretion.

Call us at (512) 732-2727 to request a private consultation so we can talk about your situation, how Texas law may apply, and your best options for taking the next step.

Attorney Chip Evans

Chip Evans is a partner at Evans & Herlihy. Chip brings to the firm more than 20 years of experience as a trial lawyer representing Plaintiffs. It is the desire to help individuals, not corporations, that attracts Chip to this side of the docket. [ Attorney Bio ]

Monthly Child Support Calculator | Office of the Attorney General

About
News
Opinions
Jobs
Contact Us

This calculator provides an estimate for a single source of income. The actual amount set or approved by the court may differ.

Income

The person paying support is:

an employeeself-employed

Income Frequency:

YearlyMonthlySemi-MonthlyBi-WeeklyWeeklyHourly

Amount:

Deductions

Medical Support

If you are providing (or can provide) health insurance for your children, enter the monthly premium amount.

Dental Support

If you are providing (or can provide) dental insurance for your children, enter the monthly premium amount.

Union Dues

If you are a member of a union and make regular payments to be a member of the union, enter the monthly dues amount.

State Income Tax

If you work or reside in a state where a state income tax is assessed against your income, enter the monthly amount.

Support Order Determination

Children in this Action

Enter the number of children under age 18 in the child support order.

Children outside this Action

Enter the number of other children for whom you have a legal duty to support.

Support Order Calculations

Monthly Gross Income

Monthly OASDI, Medicare, and Federal Taxes

Monthly OASDI Taxes

Monthly Medicare Taxes

Monthly Federal Income Taxes

Monthly Income

Other Deductions

Medical Support Deduction

Dental Support Deduction

Union Dues Deduction

State Income Tax Deduction

Net Resources

Low-Income Child Support Guidelines Percentage:
Texas Family Code Sec. 154.125 Low-Income Child Support Guidelines are used in actions filed on or after 9/1/2021

Projected Monthly Child Support Obligation for net resources up to $9,200

**The Guidelines for the support of a child are specifically designed to apply to monthly net resources not greater than $9,200. This calculator does not calculate support in excess of the $9,200 net resource amount per Texas Family Code Sec. 154.125(a).

Lawyers in New York (USA) - Bukh Global

We solve legal problems of any complexity on an international scale

Bukh Global Law Firm is more than a close-knit team of experienced and qualified Russian-speaking professionals in New York. We position ourselves first of all as reliable and responsive assistants who will do everything possible to successfully solve the client's problems. We are not afraid of difficulties, we take on even the most difficult and hopeless cases. Focus on results and maximum perseverance, multiplied by deep knowledge of various areas of international and American law, make it possible to guarantee the effectiveness of the legal assistance provided!

Bukh Global is an international law firm. We have experience in successfully resolving disputes in courts and state bodies of various countries. We work not only in European, but also in more exotic Asian and African states. Regardless of the complexity of the dispute and the chosen jurisdiction, we always help to find the most effective and beneficial option for the client to solve the existing legal problem.

Please note that we are ready to provide high-quality legal assistance in the most diverse categories of cases with a foreign element. At the same time, we do not limit ourselves to consultations and representation of clients in court, but we provide the widest possible range of services from lobbying interests to supporting transactions of any scale and level of complexity.

An important advantage is the clear specialization of the lawyers of the law office "Bukh Global" in specific areas of law. Thanks to this, we thoroughly understand the features and nuances of each case under consideration. With us, your chances of success are maximized!

Law
” International “
” Criminal “
”Family “
” Civil “
Immigration

Law firm "Bukh Global" provides qualified and timely legal assistance in a wide variety of areas of international law. Thanks to the presence of a whole team of experienced lawyers, we are ready to understand even the most complex nuances of international and national legislation. Thanks to this, we provide really high-quality and effective protection of your rights and interests.

We successfully cooperate with both private clients and large corporations, governmental and non-governmental organizations, various financial institutions. We are always open to fruitful work, enthusiastically take on the resolution of non-standard disputes and take into account the wishes of customers. Learn more about the branches of international law with which we work

More about international law

Arkady Bukh: Why should you contact us?

Penalties for criminal offenses are generally the most severe. Depending on the degree of danger of the committed act, offenders can get by with fines and community service, as well as life imprisonment or even the death penalty. Therefore, it is so important to receive high-quality legal protection in the event of criminal prosecution against you or close people.

Bukh Global lawyers have vast experience in defending clients in criminal cases of various categories. We will provide you with high-quality and comprehensive protection against charges of drug trafficking, tax evasion, money laundering, economic and many other crimes. We develop the most effective line of defense that helps to avoid or minimize punishment!

Learn more about US Criminal Law

Arkady Bukh: Why should you contact us?

Family litigation is an extremely delicate category of cases. Here, the lawyer becomes not just a lawyer, but even a psychologist, who often, thanks to competent argumentation, helps to save a family or dissolve a marriage on mutually beneficial terms while maintaining good human relations between former spouses. In their work, experienced lawyers of Bukh and Partners resolve disputes that have arisen amicably and exclusively within the framework of the current legal field.

Qualified lawyers work with a variety of family matters from helping draft marriage contracts and mediating family disputes to legally organizing moves abroad with children and helping to return children. Regardless of the complexity of the situation, we guarantee effective protection of your rights and interests!

More about US family law

Arkady Bukh: Why should you contact us?

Civil disputes can definitely be called the most common category of cases heard in the courts of any country. Of course, without the help of a qualified lawyer, in most cases it is extremely presumptuous to hope for a successful consideration of the case and the adoption of an acceptable decision by the court. Therefore, in the event of civil proceedings, we recommend that you seek help from experienced lawyers of the Bukh and Partners law office as soon as possible.

Our lawyers will thoroughly study all the details of the case, collect the most complete evidence base, if necessary, negotiate with the opposite side and do everything possible to achieve the task. We guarantee the most responsible approach, attention to even the smallest details and impeccable service!

More about US civil law

Arkady Bukh: Why should you contact us?

Immigration to the USA and leading European countries is a dream for many people living in the countries of the former Soviet Union. Bukh & Partners Law Office helps make this dream a reality. Thanks to the accumulated experience, we help to choose the most optimal immigration program, taking into account the needs and wishes of the client. In addition to legal assistance, we provide assistance in acquiring real estate in the United States of America and other organizational support.

Additionally, if necessary and in the presence of relevant circumstances, we help to obtain political asylum in the United States or a visa for domestic violence. We successfully resolve disputes with US immigration services and greatly simplify the process of obtaining a visa for clients and their families. Moving to America is easy with us!

More about immigration to the USA

Arkady Bukh: Why should you contact us?

Score for

Features of paying child support in the USA - who pays whom and how much? Everything you need to know about divorce in the USA

Peculiarities of filing a divorce in the presence of minor children in America

Divorce causes only negative emotions, because it is almost always accompanied by stress, depression, waste of money, nerves and time. And of course the United States is no exception.

Here the average duration of marriage is 18 years, and the divorce rate is 53%, which is 2% more than in Russia. The number of divorced in different states of America is somewhat different.

So, in Nevada, the largest percentage was recorded (14.7), and in New York the smallest (7%), most likely due to the fact that here citizens decide to marry at a more conscious age. Despite the unpleasant procedure of divorce, it often turns out that discord occurs in the family due to misunderstanding, lack of money, bored life, betrayal and many other reasons. Then the spouses see only the dissolution of the marriage as a constructive way out.

Dissolution of a marriage must take place in court. The party applying for a divorce must state in court the good reasons for their decision and present facts that prove that the marriage no longer makes sense and it would be better to dissolve it.

Divorce causes only negative emotions, because it is almost always accompanied by stress, depression, waste of money, nerves and time. And of course the United States is no exception.

Here the average duration of marriage is 18 years, and the divorce rate is 53%, which is 2% more than in Russia. The number of divorced in different states of America is somewhat different.

The court then notifies the other party of the motion. If there is no response after 30 days, the court will consider that both parties agree to a divorce. The divorce period becomes much more difficult and unpleasant if there are children in the family, especially minors.

Then it is necessary to decide with whom the child will live after the divorce. If the spouses cannot resolve the issue on their own, then they deal with the court.

Usually preference is given to those who spent more time with the child, took better care of him, with whom a closer relationship was established. If the child is over 12 years old, then he has the right to choose a parent. In the United States, divorce proceedings are a very expensive “pleasure”.

Lawyers here value their services at a tidy sum, besides, divorces usually drag on for a long time. And this entails significant additional costs. Therefore, when entering into marriage, it is recommended to conclude a contract, where all the conditions will be specified to the smallest detail.

If the ex-wife of an American citizen was a foreigner, she can file for alimony both at her place of residence and her husband. But due to the possibility of non-enforcement of foreign laws in the United States, lawyers advise choosing the latter option.

Alimony in Russia and the USA: who pays whom and how much?

Moreover, it is established for a sufficiently long period. Usually, the termination of the obligation occurs after the former spouse remarries. Women often take advantage of this, slowly formalizing new family relationships officially.

There are cases when husbands manage to claim funds for their maintenance from ex-wives. But the percentage of such cases is small.

More often, men literally beg competent officials to release them from the need to allocate money in the interests of their ex-wife, they try to prove that the spouse is well enough provided for and simply enriches herself at the expense of her ex-husband. Summing up all the above, we can say that alimony legal relations in the United States are based on fairly understandable and logical principles that are typical for alimony obligations in many countries of the world.

American divorce. How is child support dealt with in the states?

Despite the fact that the plaintiff in the case will not be a resident of the state under whose law the issue is being considered. But in relation to the defendant, "native" laws will be applied. Nevertheless, it is easier to apply local law to the debtor than foreign law.

Thus, answering the question of how to obtain legal alimony from a US citizen, we can identify the most potentially successful option:

Find a legal specialist working in America with Russian-speaking citizens who specializes in family matters.
Entrust him with the authority to collect funds, based on US laws.

About the peculiarities of collecting money for dependents in the USA As already mentioned, case law is strong in America. Free in lawmaking and individual states. And they use it. Alimony laws, for example, Florida and Texas will be different.

US child support procedures

About 25% of children in the US live in single parent families. The spouse who lives alone with the child (in the overwhelming majority of cases, this is the wife) has the right to collect alimony from the former spouse.

Child benefits until age 21, although in some states up to age 18.

The procedure for collecting alimony takes place in court.

The alimony applicant submits a statement of claim to the court, then a decision is made according to which the defendant becomes officially obliged to financially help his former family.

Amount of maintenance payments in the USA

On average, a US citizen is assigned maintenance in the amount of 10-30% of income. They vary depending on the defendant's income, the more they are, the greater the percentage charged, as well as the state, because each of them has its own laws.

However, there is a general rule that says that alimony depends on the total income of the spouses. The lower the wife's income, the greater the amount recovered from the defendant.

If the child alternately lives with his mother and then with his father, the child who spends less time with him pays the alimony. For example, with a father, a son and / or daughter are 30%, and with a mother, 70%. Then alimony is collected from the father, but the amount of payments is assigned much less than if he did not live with his children at all.

In the United States, as in many other countries, including Russia, there are bodies that monitor the execution of a court decision on the recovery of alimony. But there is also a peculiarity in this country, it consists in covering the wages of alimony by employers, because. the collection of alimony spoils the reputation of the employee and, accordingly, the organization.

However, there is a general rule that says that alimony depends on the total income of the spouses. The lower the wife's income, the greater the amount recovered from the defendant.

If a child alternately lives with his mother and then with his father, then the child who spends less time with him pays the alimony. For example, with a father, a son and / or daughter are 30%, and with a mother, 70%. Then alimony is collected from the father, but the amount of payments is assigned much less than if he did not live with his children at all.

Here you can find many examples when a citizen who did not want to pay alimony hid his income (not without the help of the employer).

However, in America there are tough measures to combat alimony: from deprivation of the right to drive a car to imprisonment. For example, in 2013, about 20 thousand American citizens were imprisoned here for non-payment of alimony.

It follows that the benefit received as a result of evading maintenance obligations is not comparable with the punishment. Therefore, it is better to conscientiously fulfill your duties before the law, your ex-wife and child.

How is alimony paid to a wife in the USA?

In the US, the ex-spouse is required to pay maintenance not only for the child, but also for his mother. The amount and timing of payments depends on a number of circumstances.

Let's take a closer look at the possible circumstances:

the duration of a broken marriage. The longer the marriage lasted, the longer the period of payments the ex-wife can count on. For example, if the family broke up no earlier than 10 years later, then payments can be assigned for life;
if the former spouse earned more, and the wife got used to the level of family income that has developed in the marriage, then the alimony will be appropriate;
if the wife had a disease, the treatment of which was paid for by the husband, being married to her, then even after the divorce he is obliged to allocate material resources to her for this;
the ex-wife ran the household and took care of the children, not being able to work, and the man was the only breadwinner in the family. Perhaps during the time spent in marriage, he was able to increase his level of income. In this case, the former spouse will also receive alimony. She is given some time until she gets a job and can earn on her own. This may go on for a year or two. But do not forget about the duration of the marriage, if it was quite long, then the alimony payments can be for life;
also, a spouse who paid for his wife's studies during family life is not released from this responsibility until the end of his studies and after the dissolution of the marriage.

Many women in the US after a divorce are in no hurry to re-tie themselves to family ties. The fact is that the ex-wife marries another person, the obligations of the alimony are terminated. The only exceptions are those cases when he must pay alimony for life. For example, if the marriage lasted a very long time.

Alimony payments are also mandatory for the following circumstances:

if the ex-wife is disabled or pregnant;
raises a child under 3 years old or a disabled child.

Of course, if after a divorce the children stay with the father, then on the contrary, alimony for his maintenance can be collected from the wife. But in practice, such situations rarely occur.

Alimony payments are also mandatory for the following circumstances:

if the ex-wife is disabled or pregnant;
raises a child under 3 years old or a disabled child.

Of course, if after a divorce the children stay with the father, then on the contrary, alimony for his maintenance can be collected from the wife. But in practice, such situations rarely occur.

Thus, in the United States, the alimony is obliged to support his former family in full, paying money to support not only the child, but also his wife. And for non-fulfillment of their duties, the law provides for various penalties, up to imprisonment.

Income

One of the main guidelines for determining child support is income. This takes into account the gross or net income of both parents, and from the percentage is calculated the amount that each parent must pay as alimony.

Deductions

If one of the parents has already been imposed by the court on the obligation to pay child support, and he regularly pays them, then the amount of this support is subject to deduction when determining his income for the purposes of determining the amount of new support. However, this rule is valid only for establishing new alimony; it is not possible to revise the previous established amount of alimony taking into account new alimony.

Childcare expense

The government also determines the amount that parents must spend on childcare. Usually, this amount is calculated taking into account the mandatory taxes that the parent pays. However, some states provide benefits to parents who pay child support and exempt them from taxes on their income.

Health care expense

Among other things, when determining the amount of child support, great attention is paid to the issue of covering the child's health insurance. When support is approved, the amount needed to pay off health insurance is included in the main amount of support. Some states also account for emergency medical expenses as well as incidental medical expenses.

Other expenses

The amount of support can also be increased taking into account other expenses. Other expenses usually include specific expenses that are specific to each individual case. Such expenses include the cost of educating children with disabilities or gifted children. Usually such expenses are divided between the parents proportionally and are included in the amount of alimony.

Shared Custody and Visitation

The judge tries to take into account the time the child spends with either parent when setting the amount of child support. The more a parent is allowed to spend with a child, the more child support is assigned. For example, if a child is assigned joint custody, the amount of child support will be significantly less than if the child has a single guardian for short visits.

The use of guidelines in determining the amount of alimony is not only aimed at protecting the rights and interests of children, but also calculated on the fair distribution of material responsibilities between parents. However, there are situations in which the amount of child support established is greater than or less than the amount determined by the guidelines. In this case, litigation is required to establish mitigating factors.

Good reason

For a few more years in New York State, for example, in order to get a divorce, you had to admit one party was guilty and the other was offended. One of the spouses had to confess to treason, drunkenness, beatings ...

When nothing like that really happened, someone had to take the crime against the family. And only in 2010 there was adopted a law on the possibility of divorce "without anyone's fault", although the rest of America has long done it.

Divorce, where both parties are not to blame, is based on two main reasons: people “have not lived together for a hundred years” (in fact, they have not lived for at least a year and a half) or they are separated by irreconcilable contradictions.

The first progressive "no fault" divorce law was passed in Oklahoma in 1953, and 17 years later the State of California performed the same feat. Then the governor there was Ronald Reagan - the future president of America. It is no coincidence that it was he who had a hand in the liberalization of family law. Reagan is the only one of all 44 US presidents who had a divorce in his biography, which did not prevent him from making his second wife, Nancy , the first lady of the country.

Emancipation, however!

I am not a feminist, so I am not horrified when a woman after a divorce receives alimony from her ex-husband. But the way men fight for their wives' money is amazing. The client of a lawyer friend of mine, an engineer by profession, pays her husband three thousand dollars a month, literally half of what she earns.

They haven't made any children, and the engineer doesn't understand why she has to feed someone else's grown-up child - her ex, who doesn't work and is just going to study design or business, what exactly, he hasn't decided yet. But recently the engineer was lucky: she unearthed a terrible secret. It turns out that a 22-year-old girl, an aspiring fashion designer, has been living in the house of her ex-husband for four months now.

This became the reason for a new trial: the ex-wife was spotted and, turning to the judge, said that she did not have the strength to feed two creative people. The husband justified himself that the designer girl was like a daughter to him, but the judge did not heed this argument and the amount of alimony decreased, however, not significantly. The ex-husband was also advised to look for work, bring documentary evidence of mailing his resume to employers and attending interviews. The man left the courtroom gloomy and "robbed."

Still, on a nationwide scale, women who pay child support are not yet common, in 2010 only 3% of all divorcing husbands received payments from ex-wives, although, according to experts, the number of such men is growing rapidly.

Is money more valuable than love?

In most states, child support is paid until the former spouse marries or remarries. But in the state of Florida, for example, not so long ago they limited the terms of payments. The judge sets a time limit, let's say 2 years, since he believes that this time is enough for a woman who did not work in marriage after a divorce to learn how to get her own bread. The amount of alimony depends on how long the marriage was or not. If you have been married for less than 11 years, this is not considered a long time in Florida. Supporters of a limited period of alimony payments are sure that these payments are “harmful” and often slow down the start of a new life: women do not remarry and even support their lonely state in every possible way, because money is more precious than love. And the financially more prosperous half, in order not to pay alimony, goes to deceit and sometimes to the complete collapse of their career.

In general, it is enough to go to the site of divorced and divorced people once and read their stories to understand that all these people are unhappy.

In seven US states, a husband or wife can sue a lover or mistress who caused a divorce. And the “razluchniki” will answer according to the law for invading someone else's territory.

Men also cry

One pensioner, 67 years old, left the state of Massachusetts, according to the laws of which he had to pay large alimony to his ex-wife, with whom he had been married for 34 years. In 2009he lost his job as a pharmacist, and never found a new one, owed his wife 20 thousand, for which he served four days in prison, until friends and relatives made up the shortfall for him.

After that, the ex-husband went to live on an Indian reservation, since he was a quarter of the Cherokee. Now he sits there and says: I'm already old, release me from lifelong alimony to my ex-wife, but we are completely on an equal footing with her.

But in Massachusetts there is no such law that the old ex-husband can not pay alimony to the ex-wife. And in some others, laws have already been passed under which the payment of alimony is suspended after reaching retirement age.

Who is in profit

The longer the divorce lasts, the more expensive it is. Half of the spouses during this time are united in a common feeling of dislike for lawyers. Lawyers here are called bees that collect honey from divorce flowers, and the longer they collect, the better for them.

The average time for which you will be divorced is from one to three years. The lawyer takes for such cases as for heart surgery, if the case is complex, and if it is simple, then as for appendicitis, which is also a lot.

An amazing coincidence: of the four female divorce lawyers I know, three are not married and never have been and never intend to. And I don’t even mentally ask them why…

Collection problems

There are quite a lot of such problems:

Search for the defendant in the case. A US citizen can easily move around the territory of his native state, hiding from the claimant. For the plaintiff, the mother of the child, it is quite difficult to enter the country. There is a visa regime between Russia and America, and not everyone is allowed to enter the States. Solving the problem at a distance is extremely difficult. Finding a competent representative in a foreign country is also not easy.
Language barrier. Ideally, if you can find a Russian-speaking representative. Because to understand an already complicated matter without knowing the language is doubly difficult.
Competition norms. Under what legislation is alimony collected in America?

Which law to apply?

Note that the family and civil legislation of the Russian Federation allows the claimant for alimony to independently determine the jurisdiction of the case. That is:

you can apply to a Russian court;
can be applied to the US courts.

It would seem that the choice is obvious. It is quite simple to file a claim with the Russian judicial authority. You can even do without the help of a lawyer. A sample application can be found on the Internet, “spy” in the reception of the court building, where similar samples are hung out. You can also contact a child support specialist.

But there is a problem with the execution of the Russian judicial act in the United States. The thing is, there is no money back guarantee. It may take a long time to prove that the decision of the Russian court is completely legal in America.

Meanwhile, lawyers specializing in international law note that in most cases Russian decisions are recognized in the United States. Moreover, in a number of states there are local statutes, we would call them regional, which establish that a foreign judgment may well be enforced in America.

It seems that it is not worth the risk, relying on Russian legislation, it is better to resolve the issue according to local laws. Despite the fact that the plaintiff in the case will not be a resident of the state under whose legislation the issue is being considered.

On the other hand, “native” laws will apply to the defendant. Nevertheless, it is easier to apply local law to the debtor than foreign law.

Thus, answering the question of how to get legal alimony from a US citizen, you can identify the most potentially successful option:

Find a legal specialist who works in America with Russian-speaking citizens, specializing in family matters.
Entrust him with the authority to collect funds, based on US laws.

Rebellious Parents

Non-custodial parents who evade their child support obligations are sometimes referred to as rebellious parents . Parents who share an equal role in raising children are much more likely to comply as support compliance exceeds 90% when the payer states that he (or he) believes he (or he) has a relatively equal role in raising children .

The US Department of Health and Human Services estimates that 68% of child support cases were in arrears in 2003, up 15% from 53% in 1999. Some of these cases of debt are said to be related to administrative practices such as income imputation. parents where none exist and issuing support orders by default.

According to one study, the reasons for not paying child support were as follows:


Cause	Interest
Inability to pay	38%
Protesting against not attending	23%
No liability	14%
I prefer to give up the child	13%
Paternity denied	12%

According to another study, 76% of California's $14.4 billion in child support debt is due to parents who are unable to pay. The "naughty" parents had an average annual income of 6,349$9,447 owed and $300/month ongoing support because 71% of orders were set by default.

Imprisonment

Most courts considering imprisonment for insufficient child support, since the U.S. Supreme Court ruling in Lassiter v. Department of Human Services, 452 US 18 (1981), have held that an assigned attorney is required if the freedom of the debtor is at stake. In March 2006, the New Jersey Supreme Court affirmed this principle in Ann Pasqua et al. v. Hong. Gerald Council et al. As of August 2006, at least four states (New Hampshire, Pennsylvania, Virginia, and South Carolina) do not permanently appoint attorneys in enforcement proceedings. As of 2011, lawsuits were pending in Pennsylvania and New Hampshire.

On March 23, 2011, the United States Supreme Court heard Turner v. Rogers, concerning whether South Carolina was legally required to provide an assigned attorney for Turner, who was imprisoned for non-payment of child support.

The right to trial by jury is limited in criminal denial of support cases when the defendant is charged with a misdemeanor without support. The judge may imprison the debtor for contempt of court for a period of time, presumably until the balance is brought into order, similar to the debtors' prisons of previous eras. Prison makes it harder to pay child support, so some states suspend sentences and introduce probation during which payments must be made and/or job searches are conducted, with prison reserved for uncooperative offenders.

About the features of collecting money for dependents in the USA

As already mentioned, case law is strong in America. Free in lawmaking and individual states. And they use it. Alimony laws, for example, Florida and Texas will be different. Albeit slightly.

But it is possible to single out the general features of alimony legal relations that are characteristic of any state. Some comparison can also be made with Russian collection rules.

If in Russia from 25 to 50% of the payer's income for the maintenance of minors is collected, then in the USA the amount of funds recovered is on average 10-30% of the income. The size is smaller, but the income is generally higher. Moreover, the money is collected in a fixed amount.
All the circumstances of a particular case are taken into account in one and in the other country. But if in Russia it is important with whom exactly the minor lives, then in the USA it is with which of the parents he communicates more. This approach seems to be quite fair. Indeed, in the process of communication, the parent often allocates money for the needs of the child on a voluntary basis.
In America, there are special enforcement agencies. In Russia, this is done by bailiffs.
The Russian Federation provides for criminal liability for evading the payment of alimony. In the USA, too, you can go to jail if you do not allocate money to meet the needs of your son or daughter.

Statistics show, however, that the percentage of debtors in both countries is quite high.

In general, the mentality of the country is as follows: children from adolescence should begin to learn to provide for themselves. Therefore, the United States does not pay such great attention to the protection of the material interests of minors, as in Russia.

It is in our country that a “child” can live with his parents until he is quite mature. In America, things are different.

Paternity fraud, non-adopted, non-biological children

Paternity issues that complicate the child support issue may be due to misinformation, fraudulent intent, or default decisions. Paternity fraud mainly affects four groups of people: the deceived party forced to pay child support for a child who is not biologically his, a child potentially deprived of a relationship with his biological father, a biological father who may have lost a relationship with his child, and the mother of the child in question. child.

The non-biological father may be liable for support even if paternity fraud is proven, as some jurisdictions limit the amount of time allowed to dispute paternity. In most jurisdictions, courts can declare a man acting as the father of a child as the father through fair estoppel procedure. Once a man declares a child to be his offspring and lives with him for a certain period of time, the court can transfer all parental responsibilities to the putative father, even if the child is not biologically his.

Fines

In 2000, the State of Tennessee revoked the driver's license of 1,372 people who collectively owed more than $13 million in child support. In Texas, noncustodial parents who ask for more than three months in support payments may receive court-ordered payments deducted from their wages, may have federal income tax refund checks, lottery winnings, or other money that may be owed from the state. or federal sources. is intercepted by child support enforcement, licenses (including hunting and fishing licenses) can be suspended, and a judge can sentence non-paying parents to prison and rule on overdue child support. Some consider such punishments to be unconstitutional. 4 September 19In 1998, the Alaska Supreme Court upheld a law allowing government agencies to revoke a driver's license from a parent who is in serious violation of child support obligations. And in United States of America v. Sage , U.S. Court of Appeals (2nd Circuit, 1996), the court upheld the constitutionality of a law allowing federal fines and imprisonment of up to two years for a person who willfully fails to pay more. $5,000 in child support for a year or more if said child resides in a state other than that of the noncustodial parent.

The US law, commonly known as the Bradley Amendment, was passed in 1986 to automatically trigger an indefinite lien on delinquent support payments. The law removes any state's statute of limitations; deprives judges of discretion, even bankruptcy judges; and requires that payment amounts be retained without regard to the physical ability of the person receiving maintenance ( debtor ) to make a notice or taking into account his knowledge of the need to make a notice. The lender can forgive such debts.

When late maintenance is owed to the state as a result of paid social security, the state can forgive some or all of it under what is known as a compromise offer.

Final Judgment

Under the United States Constitution Article Fours, full faith and credit is granted in every state in the public acts, records, and proceedings of any other state. The courts have used this article to enforce final judgments that have been registered in the state. Usually a decision must be final before it can be registered. Conflict Confirmation (Second) on "Protection from Recognition and Enforcement" states that a judgment rendered in one State should not be recognized or enforced in a sister State, as the judgment remains subject to modification. The local court has the power to recognize or enforce the decision, which can be changed in accordance with local law.

Child support orders are considered such decisions. To ensure full trust and confidence, the local law of the state of transfer will be applied to determine whether the judgment can be changed, especially in relation to past and future financial obligations.

Uniform Desertion and Withdrawal of Support Act

In 1910, the National Conference of Uniform Commissioners approved the Uniform Desertion and Withdrawal of Support Act. Under this act, it is a punishable offense to leave a husband, willfully neglect or refuse to provide for the support and maintenance of his wife in poor or necessary circumstances, or failure by parents to fulfill the same duty towards their child under 16 years of age. age. Law 1910 sought to improve the execution of support duties, but he did not take into account payers who fled the jurisdiction. With increasing population mobility, welfare departments had to support disadvantaged families because the extradition process was inefficient and often unsuccessful.

Uniform Reciprocal Support Provision Act (URESA)

In 1950, the National Conference of Commissions on Uniform State Laws promulgated the Uniform Reciprocal Support Provision Act (URESA). The Commission stated that "The aims of this law are to improve and expand, by means of mutual legislation, the enforcement of support duties and to unify the law in this regard." URESA sought to enforce these provisions in two ways: criminal and civil. Criminal authorities relied on the creditor state to demand extradition from the debtor, or the debtor to surrender. Civil law enforcement relied on the creditor to bring proceedings in his/her state. The originating State will determine whether the debtor had a support obligation.

Welcome

Find us on iTunes!

Popular Posts