Texas Child Custody and Support Laws

1. Texas Child Custody and Support Laws July and October 2009

2. Agenda • Texas Child Support – 20 minutes • Recommended changes to the laws – 20 minutes • Wrap up and discussion of forward action – 10 minutes

3. Copies Provided • Economic Commentary of the Underlying Basis of Texas’ Child Support Guidelines and Needed Directions for Study and Reform – R. Mark Rogers, presented to the Juvenile Justice and Family Issues Committee on July 12, 2006 • Texas Child Support Guidelines Report from the Office of the Attorney General Child Support Division 2008 • House Committee on Juvenile Justice and Family Issues Texas House of Representatives Interim Report 2006 • Minutes from the Juvenile Justice and Family Issues Committee from July 12, 2006

4. Discrimination • Treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit: racial and religious intolerance and discrimination. • Have you ever been discriminated against? Believe me, this is discrimination. • You can’t claim it’s in the best interests of the child because the court will approve a 50/50 split if the woman will agree to it.

5. Texas Child Support Guidelines • Texas guidelines origin is a 1982 Wisconsin study by Jacques van der Gaag • The guidelines were designed only to be applicable to low income cases for welfare recovery • The guidelines assume: • No income for the custodial parent • No parenting time for the obligor • The obligor is low income with little or no tax burden • $12,000 in 1982, $24,286 in 2005 • The parent paying over half of the support would receive the child-related tax benefits as a cost offset, that has changed since 1982 • The award is limited to the amount of the welfare payment to the custodial parent • The guidelines are inappropriately applied outside these assumed circumstances • The underlying facts rarely fit current case facts and should be set aside in nearly all cases • The Texas guidelines violate the 1988 Family Support Act which requires child support to be based on economic data • The only parameter is Texas is the obligor’s income • These facts were presented by R. Mark Rogers to the Texas House Juvenile Justice and Family Issues Committee on July 12, 2006 • R. Mark Rogers is recognized as an expert in the committee meeting minutes • These facts are not disputed

6. Child Support Guidelines • The guidelines require 20% of the first $7500 per month; up to $1500 a month • From the Texas Child Support Guidelines Report from the Office of the Attorney General Child Support Division 2008 (copy provided) • Page 10 of 25, Before Tax income: More than $76,660 (average $114,500) • If a father made $114,500 a year he would pay $18,000 in child support and pay for the child’s medical insurance • The father would also have the child 45% of the time based on the Standard Possession Order

7. Analysis of Tax Implications • Both the custodial and non-custodial parents incur child care costs • The custodial parent has a significant financial advantage ($41,600 a year) with few additional child care costs

8. Basics of the Standard Possession Order • During the school year the non-custodial parent will have the child • Every Thursday evening • 1st, 3rd and 5th weekends of the month, Friday evening thru Monday morning • Either Spring Break or the week of Thanksgiving • Either Christmas or New Year’s (several days for either holiday) • During the summer months the non-custodial parent will have the child • 1st, 3rd and 5th weekends in June and August (Friday evening thru Monday morning) • The entire month of July • Everyone in the system refers this as being about 45% of the child’s time with the non-custodial parent

9. Recommended Changes to Texas Child Custody Guidelines • The default custody guideline should be a 50/50 split between parents • Rationale: Many children live with parents who have negotiated a 50/50 split (and no child support). The sad comment is, that the court will not order this, it only happens when the two parents agree, which means the wife must agree. This requires one parent (the wife) to overlook the large amount of tax free income they will receive thru child support, so it doesn’t happen often enough. • The child should remain within 10 miles of the family’s current residence • Rationale: The child should not be removed from his normal environment and friends unless both parents agree or there is some other reason the location is not safe for the child • Child support should be based on the amount of time each parent spends with the child • Rationale: The non-custodial parent must maintain a residence and pay child care costs when the child spends time with the non-custodial parent. If the child spends half the time with each parent there should not be any ‘ordered’ child support • Child support should not be awarded just to raise the income level of one parent when that parent is working in their chosen career • Rationale: Bad career decisions made by one parent should not need to be compensated by the other parent

10. Wrap Up / Forward Actions • I pay the full amount of the cost of raising my child • My child spends half of his time with me • My ex-wife does not incur any of the costs of raising our child, if fact she makes a nice tax free profit • A good example of this is the month of July. Why do I pay her child support when he spends the whole month with me? Is this State’s penalty to me for being a divorce father? • I’ll pay anything for child, I don’t want to pay for my ex-wife (I did that for 12 years) • His college future is being ruined since I can’t save for his college any more • Did you see President Obama’s Father’s Day speeches • The State of Texas cripples divorced father’s, my civil rights are being violated • At 12 years old, the child can make a decision • It will be up to Sean to get the corrupt, broken laws of the State of Texas off of his father’s back • Do you have male children? How would you feel if they had to get handled by this system? • How do we get the law modified in a time effective manner? • What events must happen? What is their schedule? • How do I get your attention and active support?