Calculating child support for a case pending in Texas is generally a simple matter. The law provides a computation for the calculation of the amount to be paid based upon a percentage of net income of the paying party. The percentage is based upon the number of children that are involved in the court proceeding. For instance, a party having two children in a court proceeding and having no other children would pay twenty-five percent of their net income.
The calculation can become more complex with the addition of other variables. The items below address commonly asked questions concerning child support.
NUMBER ONE – Do I pay child support on my bonus?
ANSWER: It depends. The statute does not specifically exclude nonrecurring payments. However, in many instances, if a party is able to establish that the bonus is not a part of their standard income and that the payment is not received on a regular basis, then it might be possible to exclude the bonus from the child support calculation.
NUMBER TWO – Is the income of a non-parent spouse included in the child support calculation?
ANSWER: No.
NUMBER THREE – May I subtract from my net resources the financial needs of a non-parent spouse?
ANSWER: No. This is in accordance with the answer to number two. Courts generally do not consider the income or expenses of a non-parent spouse in calculating child support.
NUMBER FOUR – What if I am unemployed? Do I still have to pay child support?
ANSWER: Probably so. If there is no evidence of income then the court may presume that the party at least earns minimum wage and may calculate income based upon a forty-hour work week.
NUMBER FIVE – What if the paying party is intentionally unemployed or underemployed?
ANSWER: The court has the authority to set the amount of child support based upon the amount of income that the paying party has the potential to earn rather than based upon the amount of actual earnings.
Contact Our Child Support Attorneys Today!
The child support laws in Texas with respect to domestic litigation are complex, and the court system can be difficult to maneuver. The Law Offices of David Kohm of the Dallas area is experienced in assisting you in all child support matters and ready to help you get the financial support you need. Also with offices now in Lewisville and Plano TX, in addition to 10 other offices in the DFW area.
Call our child support attorneys today at 817-204-9000, or contact us online, our attorneys will get back to you as soon as possible.
Faun Rowland is an attorney that has been practicing in the area of family law for fifteen years. In addition, she has been an adjunct professor of law at Tarrant County College for approximately seven years. Faun is a member of the State Bar of Texas, State Bar of California (inactive), Tarrant County Bar Association, and the Tarrant County Family Law Bar Association.
