Child support is a crucial aspect of divorce proceedings, and it can be a complex and confusing topic to navigate. In Texas, child support is calculated based on a set of guidelines that take into account several factors, including the income of both parents, the number of children involved, and the amount of time each parent spends with the children. Understanding how child support is calculated in Texas is essential for both parents, as it can have a significant impact on their financial well-being and the well-being of their children.
Calculating Child Support in Texas
The Texas Family Code provides guidelines for calculating child support based on a percentage of the non-custodial parent’s income. The percentage varies depending on the number of children involved in the case. For one child, the non-custodial parent is required to pay 20% of their net resources, up to a maximum of $9,200 per month. For two children, the percentage increases to 25%, and for three children, it is 30%. If there are four or more children involved, the non-custodial parent is required to pay at least 35% of their net resources.
Net resources are calculated by subtracting certain deductions from the non-custodial parent’s gross income. Deductions can include taxes, social security payments, union dues, and health insurance premiums. Once net resources are calculated, the percentage is applied to determine the monthly child support obligation.
Factors Affecting Child Support Calculations
While the guidelines provide a starting point for calculating child support, several factors can affect the final amount. For example, if one parent has a significantly higher income than the other, the court may deviate from the guidelines and order a higher or lower amount of child support.
Other factors that can affect child support calculations in Texas include:
Medical expenses: If one parent is responsible for providing health insurance for the children, they may receive a credit for the cost of the premiums. The court may also order the non-custodial parent to pay a portion of any uninsured medical expenses.
Childcare expenses: If one parent is responsible for paying for childcare, they may receive a credit for the cost. The court may also order the non-custodial parent to pay a portion of the childcare expenses.
Educational expenses: The court may order one or both parents to contribute to the cost of the children’s education, including tuition, books, and fees.
Travel expenses: If the parents live far apart, the court may order one parent to pay for travel expenses when exercising their visitation rights.
Disability or special needs: If a child has a disability or special needs, the court may order the non-custodial parent to pay additional child support to cover the extra expenses.
Modifying Child Support Orders
Child support orders in Texas can be modified if there has been a significant change in circumstances since the order was issued. For example, if one parent loses their job or has a significant decrease in income, they may be able to request a modification of the child support order. Similarly, if the needs of the children change, such as if they require expensive medical treatment or educational expenses, the court may modify the order.
To request a modification of a child support order in Texas, the parent must file a motion with the court and provide evidence of the change in circumstances. If the other parent agrees to the modification, they may be able to reach a new agreement without going to court. However, if the parties cannot agree, a hearing will be scheduled, and the court will make a decision based on the evidence presented.
Child support calculations in Texas can be complicated, but understanding the guidelines and factors that can affect the final amount is essential for both parents. If you are going through a divorce or need representation, call The Eaton Family Law Group today.
