Child support – the term alone can generate an array of emotions among parents going through a divorce or separation. It’s a crucial part of ensuring that the child’s financial needs are met by both parents, despite the circumstances of their relationship.
However, the question of how child support is calculated can often lead to confusion and misunderstanding. This is particularly true in the state of Texas, where the law has a specific approach to determining child support obligations.
But worry not! The team at Turner Monahan, PLLC, with our deep-rooted tradition of excellence in family law, is here to help you navigate these murky waters.
For personalized advice, please get in touch with Atty. Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
The Basics: Understanding Child Support in Texas
In Texas, child support is financial assistance that noncustodial parents provide to custodial parents to aid in the child’s upbringing. This support typically covers everyday living expenses, medical care, education, and other needs. The key to understanding child support in Texas lies in the Texas Family Code, specifically within Chapter 154, which outlines the guidelines for child support.
The Texas Family Code on Child Support
As stated in the Texas Family Code, §154.125 and §154.126, the amount of child support a parent should pay is determined as a percentage of their net resources. This percentage depends on the number of children involved. For example:
- 1 child 15% of Obligor’s Net Resources
- 2 children 20% of Obligor’s Net Resources
- 3 children 25% of Obligor’s Net Resources
- 4 children 30% of Obligor’s Net Resources
- 5 children 35% of Obligor’s Net Resources
- 6+ children Not less than the amount for 5 children
In these calculations, net resources include all sources of income, such as wages, overtime, commissions, bonuses, rental income, interest, dividends, and even social security benefits. After determining the net resources, certain deductions are made, including social security taxes, federal income tax, state income tax, union dues, and the cost of health insurance for the child.
Special Circumstances
There are exceptions to these guidelines under special circumstances, as explained in Texas Family Code §154.123. If the noncustodial parent has other children to support, if the child has special expenses such as education or health care, or if the noncustodial parent has significant travel costs for visitation, the court may order higher or lower child support payments.
Child Support and Shared Custody
When parents have shared custody, the calculation for child support may differ. The Texas Family Code §153.138 outlines the rules for situations where the parents share possession and access to the child equally. In such cases, child support may be offset. This means that each parent’s percentage of support is calculated and offset against the other parent’s percentage.
Frequently Asked Questions on How Child Support is Calculated in Texas
- What is considered income for calculating child support in Texas?
Income encompasses all wages, salary, commissions, overtime, tips, bonuses, dividends, rental income, retirement benefits, gifts, prizes, and even alimony received from a previous marriage, as defined in Texas Family Code §154.062.
- How long is a parent obligated to pay child support in Texas?
Typically, under Texas Family Code §154.001, child support is required until the child turns 18 or graduates high school, whichever comes later. However, if the child is disabled, the court can order payments to continue indefinitely.
- What are the consequences of not paying child support in Texas?
Non-compliance with child support orders can lead to enforcement actions, including potential contempt charges as per Texas Family Code §157.001.
- Under what conditions can child support orders be altered in Texas?
According to Texas Family Code §156.401, modifications to child support orders can occur if there has been a material and substantial change in circumstances or if it has been three years since the last order and the monthly amount differs by either 20% or $100.
Turner-Monahan, PLLC: Your Advocate in Child Support Marriage Matters
At Turner Monahan, PLLC, we understand that dealing with child support can be a complex and emotional process. With years of experience in family law and a deep understanding of the Texas Family Code, our team, including attorney Tyler Monahan, is equipped to guide you through the process.
Our commitment to personalized service means that we’ll not only explain the legal complexities but also devise a strategy tailored to your unique situation. We know every case is personal, and we are dedicated to fighting for your rights. Whether you are just starting to consider child support, in the process of a divorce, or seeking a modification of an existing order, we stand ready to assist you in navigating these difficult times.Child support is more than just an obligation; it’s about ensuring the well-being of your child. And with Turner Monahan, PLLC, you can be confident in knowing that your child’s best interests will always be our top priority. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
