Child Support
Determinations of child support are calculated using guidelines established by Texas law and factor in a percentage of the parent’s income for the support of the child or children.
The amount of support is calculated under a presumption that it is in the best interest of the children and to ensure that parents are materially providing for their children – a duty inherent in parenting regardless of whether the parents were ever married.
A simplified* breakdown of how the Courts calculate child support is based on the Texas Family Code percentage guidelines that apply to an amount of the noncustodial parent’s net monthly income. That amount starts at 20% of the payor’s monthly net resources for one child and increases by 5% for each additional child; for 6 or more children, the guidelines state that the obligor should pay not less than 40% of their net monthly resources.
How Net Resources Are Calculated
A person’s total annual income, before taxes are withheld, is averaged to a monthly amount. In Texas, for calculating net monthly income for child support purposes, from that monthly amount, is subtracted Social Security and Medicare taxes and Federal Income tax for a single taxpayer claiming one personal exemption and stated deductions. Lastly, part of a child support obligation includes paying for the child’s health and dental insurance coverage; the amount the parent pays for that coverage is also subtracted, and the final number is considered the parent’s monthly net income. There is a maximum monthly net amount that the court considered in calculating child support. ‘The cap’ or maximum amount to which the courts apply the guideline percentage is updated every 6 years to reflect inflation. As of September 1, 2019, the cap net resources considered when calculating standard guideline child support is $9,200. With a wage withholding order, child support is withheld from the obligor’s paycheck and forwarded to the Texas State Disbursement Unit, located in San Antonio, which then sends the payment to the oblige.
Whether a parent is employed, self-employed, salaried, or received hourly pay, income from all sources over a period of time will be taken into account and averaged. The court can also assign a reasonable amount of income the payor parent should or could be earning if the payor parent is purposefully unemployed or under-employed.
A court cannot consider any portion of the income made by the parent’s spouse (i.e. stepparent’s) income in calculating the paying parent’s net resources. If the parent who is ordered to pay child support also receives child support for another child who is in their household, that support received will be added and included as net monthly resources.
If the obligor is not abiding by court-ordered child support, enforcement may be necessary.
Waiving Child Support
Because the right to child support belongs to the child and not the parent, most courts will not allow parents to waive child support, even when both parties wish to do so
Varying From Guideline Child Support
There are additional factors that the court can consider other than those established by the guideline percentages when it would be unjust or inappropriate. The evidence of the circumstances, like the significant cost of travel to visit with the child, or significant health-care or other extraordinary expenses of the child or parent, will be considered by the court balanced with what is ultimately in the child’s best interest. If an obligor’s net resources are less than $1,000 per month on average, the court will apply a lower guideline percentage, reduced by 5% per child (i.e., 15% for 1 child; 20% for 2 children; 25% for 3 children, etc.).
A child support obligation does not terminate on the death of the parent receiving child support but continues as an obligation to the child named in the support order. If the paying parent becomes the managing parent of the child, the child support withholdings will not automatically stop. The order may need to be modified. Call our office and inquire about modifying your underlying order.
Contact us at 281-305-6381 for help with your child support concerns.
*Effective as of September 1, 2013.