If they do get money out his retirement will it be split amongst all his child support cases or only for the person that

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Customer: Ok so if they do get money out his retirement will it be split amongst all his child support cases or only for the person that filed the request.
Answered by RayAnswers in 3 mins 1 year ago
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RayAnswers, Expert

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and prepare a response.

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RayAnswers, Expert

They can garnish out of his retirement funds here for child support.It will get deducted in amount judge sets.

I appreciate the chance to help you again.Thanks for rating 5 stars.

Customer
Ok but will all of his child support cases get some of the funds or just the one who filed for the QDRO?
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RayAnswers, Expert

The one who filed the QDRO will get paid by order from retirement.

Customer
That should be splitted through all his child support cases. What rights as his wife do i have over this?
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RayAnswers, Expert

He can bring proof of other kids and their support amounts and he should pay reduced amount.

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RayAnswers, Expert

He can file motion to modify if he over paying here.

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RayAnswers, Expert

Standard Child Support Guidelines

Child support amounts are based on a percentage of the monthly net resources of the obligor and the number of children: 1 Child: 20% 2 Children: 25% 3 Children: 30%May 8, 2018

Texas Child Support Guidelines - FindLaw

Customer
Ok so he has 8 kids on child support 4 cases for all his kids. He has been paying child support no problem with that. Here recently he got a notice from his retirement saying there was a freeze on his 401K for a QDRO filed against him. Then he gets a notice from Attorney General for a court date for September. I just found out today that they can go after his 401K since he is not making his full payments due to having his child support garnishes split to the 4 cases. I want to make sure if they do garnish it out of his retirement it will get splitted through all 4 cases not just the one who filed the QDRO.
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RayAnswers, Expert

He needs to ask for hearing here on this matter and present the other support obligations.He has to raise this with judge and show proof of other support order s.

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RayAnswers, Expert

He would be capped at 40% of his income for all the kids

Thats 5% per child.

Child support amounts are based on a percentage of the monthly net resources of the obligor and the number of children:

  • 1 Child: 20%
  • 2 Children: 25%
  • 3 Children: 30%
  • 4 Children: 35%
  • 5 Children: 40%
  • 6+ Children: Not less than the amount for 5 children

Note: These guidelines apply to situations in which the obligor's monthly net resources are no greater than $7,000 (this amount is adjusted every 6 years).

Customer
Ok so as his wife do i have any rights or say so on this being that they are going after his 401K?
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RayAnswers, Expert

If its marital here he contributed to it during marriage you are due up to half of it here as marital property.You should attend hearing here too.

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RayAnswers, Expert

I appreciate the chance to help you again.Thanks for rating 5 stars.

Customer
Ok thank you. Is there any website I can look up these laws just to have on documents?
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RayAnswers, Expert

Standard Child Support Guidelines

Child support amounts are based on a percentage of the monthly net resources of the obligor and the number of children: 1 Child: 20% 2 Children: 25% 3 Children: 30%May 8, 2018

Texas Child Support Guidelines - FindLaw

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RayAnswers, Expert

Print them and take you with them , they are from Texas Family Code.

Customer
Ok thank you Soo much! I will keep you updated and if anymore questions I'll reach out to you. Have a good evening
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