HOW IS CHILD SUPPORT CALCULATED?
The Texas Family Code § 154.125 states that child support is based on a percentage of your "net resources". In layman's terms, this means that you subtract the Federal Income Taxes you pay (also social security taxes, state income taxes, union dues, medical insurance payment for the child) from your total yearly pay. Your W-2 for last year (or income tax return) will have that figure.
Multiply your "net resources" by the appropriate percentage. Your percentage depends on how many children the payor has a legal duty to support (sorry, step-children don't count). The percentages are as follows:
1. To pay support for one child 20%
2. To pay for two children 25%
3. To pay for three children 30%
4. To pay for four children 40%
You get the idea.
If you have other children, from a different relationship, that you have a duty to support; that can be taken into account. For example, if you have one child in the case that is before the court and another one from a different relationship (not before the court); then child support of 17.5% must be paid for the child before the court. If you have one child before the court, but two others from a different relationship; then you would pay 16% of your net resources for the one child before the court. The chart to determine the proper amount is in Texas Family Code § 154.129.
Things You Should Know:
The income you use should include all income you make. Most notably, you have to include the money made from working overtime. I know...I know..."it can end tomorrow"..."it's not guaranteed"...etc...etc. Look I don't make the rules. Generally speaking, it's going to be included. Now if you can really show that the company has stopped it and there won't be anymore, then the judge will make allowances.
Child support continues until your child turns 18 or graduates from high school, whichever happens later. So if your child doesn't get out till he's 19 or 20, the support continues.
Even though the statute says the amount of support stipulated in the statutes are just "guidelines" many judges treat them as gospel. Check with a lawyer who frequently practices before the judge to see if he'll entertain any deviation from the guidelines (some will).
If you try to apply the "guidelines" to someone making more than $6,000 per month, then the person receiving the money has to show that the additional money is necessary to meet the "proven needs of the child".
It won't do you any good to quit your job to reduce your income. This is called intentional underemployment and the judge can make you pay based on what you were earning before you tried to get tricky.
Finally, the income of someone's spouse is not taken into account. For example, if either party has remarried, then their spouse's income is not used to increase or decrease the amount of support.
CAN A FATHER GET CUSTODY OF HIS CHILD?
Sure.
Don't get me wrong, if all other things are equal, mom has the edge; but rarely are all other things equal. Texas has a statute that says a jury can not base an award of custody on the sex of a parent. This does not mean that the jury will follow the instruction, but it helps.
A main factor in who gets awarded custody of a child is-- who is the primary caretaker? In other words, the person who usually feeds, bathes, tends to, and puts the child to bed. Judges and juries tend to recognize that the person who naturally assumed this role in the relationship is probably the best suited to continue it through life. Judges almost always follow this.
Frequently, the woman assumes the role of primary caretaker. Especially in very small children. It is not an excuse for the other party to say "but I had to work to allow that person to stay home!" The issue is not "fairness", the issue is maintaining the status quo. If the primary caretaker continues to be responsible, there is less disruption to the child.
Some judges will designate a "one week/one week" visitation. During the pendency of the divorce, each parent will keep the child for a week, alternating. This allows a jury or judge to accurately assess the strengths and weakness of both parents (i.e. comparing apples to apples). It also calls a lot of parent's bluff. Some parents want to use the child as a pawn to avoid child support. They try to threaten a custody battle to get a reduced amount of child support. A few days caring for a child tends to straighten them out pretty quick. Be careful what you ask for, you may get it!
Obviously, the child custody picture can change pretty quick when one parent screws up big time. Things like Driving While Intoxicated, drug possession charges, exposing the child to inappropriate sexual behavior, etc can usually (but not always) radically alter the custody result. Cases where I've prevailed in daddy custody battles have had mom out in an extramarital affair (taking babies along as cover), mom smoking marijuana around the kids, mom going out drinking and leaving the children home with daddy. In one case, it was as simple as dad being able to give the child a more safe and secure home.
My suggestion is that you need to be very careful before initiating a daddy custody battle. Ask the following questions:
1. Am I doing this because it is best for my child, or for me?
2. Who is my child best left with?
3. Is my likelihood of success high enough to justify the money that this custody battle will cost (think of what that money could do in your 401K or college fund)?
4. Am I willing to make the sacrifices that come with being primary caretaker?
Bottom line, what you want means nothing. The baby should be with the best parent. If that is you, fight like hell. If that is not you, have the common decency to step aside and let the other parent care for the child. One caveat to this rule: Don't fight a hopeless battle. If you have no reasonable hope of winning, don't fight the battle just to prove you care. All you will accomplish is sending some lawyer's kids through college (and possibly depriving your own).
One final point, if you are before a judge who appoints one parent as primary joint managing conservator in the temporary orders (most do); then you need to fight like hell in that initial hearing for custody. Eighty percent of the time, the person who is appointed primary in that initial hearing will be appointed primary joint managing conservator in the final decree. Once again, judges and juries like to maintain the status quo. They will rubber stamp what has been going on for the last few months.