What factors does the court consider when determining child support amounts in Texas?

In the state of Texas, individuals mandated to provide child support are known as “obligors,” while those entitled to receive it are termed “obligees.” Typically, the obligee is the primary caregiver of the child, bearing most of the child’s living expenses and residing with the child.

Conversely, the obligor is usually the non-custodial parent, who may or may not have custody or visitation rights with the child.

Understanding Child Support Laws in Texas

The term “Guidelines” is commonly used in child support matters, denoting the legal benchmarks used by courts to determine child support obligations. For an in-depth understanding of Texas’s child support regulations and guidelines, continue reading.

Termination of Child Support in Texas

In Texas, child support obligations can cease when the child reaches 18 years of age or graduates from high school (whichever occurs later), upon the child’s marriage, if the child’s disabilities are legally lifted, or in the event of the child’s death. Notably, if a court declares a child as disabled (either physically or mentally), support may continue indefinitely.

Calculation of Child Support in Texas

Courts utilize the Guidelines to set a base child support amount, considering various factors to potentially adjust this amount. The Guidelines are designed to reflect what is considered reasonable and in the child’s best interest.

Application of Child Support Guidelines

The application of Guidelines depends on the obligor’s Net Monthly Income. For incomes below $7,500.00, the court examines the number of children involved. For incomes above this threshold, the same rate applies to the initial $7,500.00, with the possibility of increased support based on the child’s proven needs.

Child Support Amounts in Texas

The Guidelines propose child support as a percentage of the obligor’s Net Monthly Income, with specific percentages allocated based on the number of children. Should the obligor’s income exceed $7,500.00, the court may order additional support to cover the child’s specific needs, capped at the child’s proven necessities.

Determining Monthly Income

To calculate net monthly income, Texas courts start with the obligor’s annual gross income, converting it into a monthly figure. This encompasses all income sources, with deductions for taxes, union dues, and child health insurance, among others. Courts may assign an imputed income if the obligor is deemed to be underemployed or unemployed without justification.

Child Support for One Child

The base child support for one child starts at 20% of the non-custodial parent’s net monthly income, subject to adjustments for additional needs.

Average Child Support Payments

Child support averages vary with the obligor’s income, calculated as a percentage of the obligor’s monthly income.

Deviations from the Guidelines

Courts can diverge from the Guidelines if it’s determined to be in the child’s best interest, considering various relevant factors including the child’s needs and the parents’ financial capabilities.

Support for Disabled Adult Children

Texas allows for indefinite support for children who, due to mental or physical disabilities known before they turned 18, require substantial care and cannot support themselves.

Medical Support for Children

Courts also mandate that one or both parents provide health insurance for the child, considering factors such as the cost and availability of insurance.

Retroactive Child Support

Courts can order retroactive child support, considering the obligor’s past resources and the obligee’s efforts to inform the obligor of their paternity. Retroactive support typically covers up to four years prior to the support petition.

Modifying Child Support Orders

Child support orders can be modified if significant changes in circumstances occur. Parents can consult with the Office of Attorney General Child Support Division (OAG) for adjustments based on changes in income or custody arrangements.

Navigating child support laws in Texas can be complex. This overview is not a substitute for legal advice. For personalized guidance and to address specific situations, it is advisable to consult with a legal professional. For assistance, contact the Law Office of Dana Baker at 979-310-5507.