How is child support calculated in relation to custody arrangements in Texas?

At the Law Office of Dana Baker, we start by addressing who is required to pay child support in Texas. Typically, the non-primary custodial parent is responsible for making payments to the primary custodian. This obligation holds even if the non-custodial parent lacks visitation rights. In instances of 50/50 joint custody, the absence of child support guidelines in the Texas Family Code means each case is evaluated individually, as further discussed below.

Income Assessment

The initial step in determining child support involves assessing the parental income. Texas courts exclude certain income types from consideration, such as foster care payments, federal assistance, business receivables, and a new spouse’s financial resources. Courts meticulously examine business structures to prevent evasion of child support duties by concealing or diminishing income. Considered income forms for child support calculation include:

• Wages and salaries
• Business or self-employment income
• Bonuses, tips, and gig earnings
• Rental income
• Social Security benefits
• Royalties and structured settlements
• Overtime, dividends, annuities, and capital gains
• Workers’ compensation and unemployment benefits
• Commissions and disability payments
• Pensions, retirement, and trust fund disbursements
• Awards and spousal or child support from other relationships

Net income, or “take-home” pay, is used for child support calculations, allowing deductions for taxes, specific retirement contributions, child-related insurance, and union dues, including child support for other children.

Determining Support Based on the Number of Children

• Child support amounts in Texas are influenced by the paying parent’s net income and the total number of children supported:
• One child: 20% of the net income
• Two children: 25%
• Three children: 30%
• Four children: 35%
• Five or more children: 40%

These percentages apply to incomes below $9,200/month, a figure adjusted biannually for inflation. Courts can deviate from these guidelines if deemed in the child’s best interest, considering unique circumstances.

For incomes exceeding $9,200/month, maximum support amounts are set, and additional considerations are made for children with special needs, potentially requiring payments that surpass these maximums.

Payment Methods

For employed parents, child support is deducted by employers and processed through the state. Independent contractors or self-employed individuals must arrange direct payments.

Joint Custody Considerations

In 50/50 custody scenarios, child support is not straightforward. Situations may warrant “offset child support,” calculated by the difference between what each parent would owe the other. Courts sometimes mandate both parents to pay child support, ensuring equitable child upbringing despite income disparities.

Termination and Modifications

Child support obligations typically cease when the child turns 18 or graduates from high school, whichever is later. Adjustments occur as each child reaches these milestones. Relocation, unemployment, incarceration, or special needs can all prompt modifications to support arrangements, ensuring the child’s needs are continually met.

Rights and Responsibilities

Both parents, regardless of gender, have rights and responsibilities regarding custody and child support. Courts prioritize the child’s best interest, and custody agreements can be modified to address changes or false pretenses.

For further guidance on child support in Texas, contact the Law Office of Dana Baker at 979-310-5507. Our team is here to assist with navigating these complex legal waters, ensuring the best outcomes for you and your children.