TEXAS CHILD SUPPORT – How much should you pay in child support? How is Child Support Determined?

If the parties are not able to reach agreement on child support, the court will order child support in accordance with statutory guidelines found under the Texas Family Code. The PRESUMPTION is that the application of the guidelines is in the best interest of the child (the last section of this article discusses rebutting the presumption). Child support is calculated according to net monthly resources, generally of the non-custodian parent.

Generally, the statutory guidelines are as follows:

· 20 percent of his or her net income for one child

· 25 percent for two children

· 30 percent for three children

· 35 percent for four children

· 40 percent for five children and

· At least 40 percent for six or more children

If the parent paying child support has a duty to support other children from other relationships, the guidelines are adjusted and the following percentages to net monthly income would apply:

Number of Children Before the Court

The maximum monthly child support payment in Texas is currently based on a net income of $9,200 per month. For example, if you have one child (no other children from other relationships) and your net monthly income is calculated to be $10,000 per month, the court will calculate your child support obligation as follows:

$9,200 (net monthly resources) X 20% (percentage from table)

= $1,840 Monthly Child Support Obligation

Generally, child support obligations in Texas continue until a child reaches the age of 18 or graduates from high school, whichever event occurs later.

HOW IS YOUR NET MONTHLY INCOME DETERMINED?

Generally, your net monthly income is determined by (1) adding up your monthly resources and (2) making any mandatory deductions.

1. Adding up your monthly resources.

Section 154.062 of the Texas Family Code provides that NET RESOURCES include:

▪ 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);

▪ interest, dividends, and royalty income;

▪ self-employment income;

▪ net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation);

▪ all other income actually being received, including severance pay, retirement

benefits, pensions, trust income, annuities, capital gains, social security benefits other

than supplemental security income, United States Department of Veterans Affairs

disability benefits other than non-service-connected disability pension benefits, as

defined by 38 U.S.C. Section 101(17), unemployment benefits, disability and workers'

compensation benefits, interest income from notes regardless of the source, gifts and

prizes, spousal maintenance, and alimony.

2. Mandatory deductions are made from your total net resources.

Section 154.062 of the Texas Family Code provides that MANDATORY DEDUCTIONS include:

▪ social security taxes;

▪ federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;

▪ state income tax;

▪ union dues;

▪ expenses for the cost of health insurance, dental insurance, or cash medical support for the obligor's child.

ADDITIONAL FACTORS FOR COURT TO CONSIDER WHEN ORDERING CHILD SUPPORT

As previously stated, the presumption of the court is that application of the guidelines set forth above are in the best interest of the child. You can rebut the presumption by putting on evidence that application of the guidelines would be unjust or inappropriate under the circumstances.

Section 154.123 of the Texas Family Code provides “Additional Factors for Court to Consider.” There are 17 factors listed in the Code, and these factors may support a deviation from the guidelines that would either increase or decrease the Obligor’s obligation. The list is not exhaustive, and the court may consider a broad range of reasons why deviation from the guidelines would be appropriate. Click here to read the 17 factors under Section 154.123. For purposes of this article, I will limit my discussion to the reasons (in my opinion and experience) that might support a decrease in the obligor’s child support obligation, and they are as follows:

▪ If a child is older, let’s say 16 years of age, and the child drives, works, and basically comes and goes as they please; it might be appropriate to deviate from the guidelines.

▪ If there are government benefits such as Supplemental Social Security, or if the child is a beneficiary of a certain Trust where financial resources are provided; it might be appropriate to deviate from the guidelines.

▪ If you are exercising more possession of and access to a child than originally contemplated, it might be appropriate to deviate from the guidelines.

▪ If you are paying or contributing to childcare expenses, it may be possible to deviate from the guidelines.

▪ If you have an obligation to pay spousal support, this is something a court will consider to possibly deviate from the guidelines.

▪ If you have a college fund already set-up and have made significant contributions to this fund.

▪ If you have wages deducted from your paychecks (other than child support withholding).

▪ Payment of ongoing medical expenses for the child that are not covered under the child’s insurance.

▪ If you incur travel expenses and costs in order to exercise your visitation with your child.

▪ If you assume a disproportionate share of the debt/liability if you are going through a divorce.

You should consult with a family law attorney to determine if it may be possible to deviate from the statutory child support guidelines. Contact Law Office of Ryan Putz today for a consultation and get the representation you need and deserve.