If you are are going through or are in a custody agreement you know how important the topic of child support is.
How is Child Support Determined in Texas? How does child support work? how is child support calculated? who is responsible for child support? Can it be changed?
These are many of the questions we hear from our clients here at Turner Monahan Family Law and today Tyler Monahan, our managing partner, will help you navigate just how child support works!
Q: How is Child Support Determined in Texas?
Tyler Monahan: Child Support in Texas is determined by the Texas family code under Chapter 154.
There is a specific set provision that states the amount that somebody’s going to pay based on net income, there are different things that are considered net income, meaning royalties, or you know, their natural income that comes from salaries, wages, tips, 1099, things of that nature.
There are some that are exempt, which are in the family code. There are very few income streams or, or income provisions that are exempt.
But for the most part, child support is determined by taking a look at somebody their pay stub or taking a look at their 1099 or sometimes even their business records and tax records. And extrapolating out what they’re making gross on a monthly basis.
The amount determined by this calculation will be the amount that the non-custodial parent is required to pay, unless some other amount is agreed to by both parties. (Texas Family Code Sec. 154.001. Manner of Payment)
Then taking into account using the Texas family code and Attorney General charts for the proper exemptions that they get to deduct out to get a net amount that they make on a monthly basis. And then to use the appropriate percentages whether it be one child two, or three or four or five children or however many children they may have to determine what the child sports going to be set.
That’s something that attorneys are able to do and us here at Turner Monahan we do that on a daily basis. We assist our clients with that.
If you’re unable to come to an agreement on that, then the court will definitely take a look at all the income that the parties present and make a determination.
But it’s based upon the generally unless there’s a 50/50 possession and access schedule, it is generally based upon the non-custodial parent’s income.
It doesn’t matter what the primary parent’s income is. And that’s a big misconception and it doesn’t matter what the expenses are that someone might have. It’s actually based upon their income.
