On Thursday, July 9, 2015, Mexico’s Colima Volcano erupted. Since then, the volcano has continued to spew soot and ash into the air. At times, the material has been ejected to a height of five miles above the volcano. Experts have said that an eruption of this magnitude has not been seen since 1913. Is it at all possible that a court would ever consider atypical volcanic eruptions when setting the amount of child support? The answer is perhaps. The reason however is of course only indirectly related to the eruption.
Texas Child Support
In setting child support in Texas, the courts generally follow the formulaic guideline that requires payments to be set at a percentage of the net resources of the paying party up to the amount of $7,500 per month. As an example, a party having two children before the court would pay twenty-five percent of net income applied against an amount up to $7,500 per month.
The statutes in Texas, however, permit courts to look beyond the guideline child support calculation in setting child support. For instance, a high school age child of a party might have a particular interest in geology. After the authorities deem it safe, the site of the Colima eruption might be the destination for a field trip in which the child would seek to participate. If a parent is able to establish that the child has extraordinary educational needs or that it is in the best interest of the child, then perhaps the court would consider the field trip cost in setting the amount of child support. It should be noted however, that it is quite likely that the court would require a continuous, demonstrated interest and ability on the part of the child before such expenditures would be included in a child support calculation.
Clearly, Colima is an extreme example. The reality though is that there are many common expenses that are not included in child support calculations that perhaps could be included. Children with special talents that require extraordinary expenditures might form the basis for a request for above guideline child support. Examples could include special athletic, musical, or academic abilities that require costly lessons, equipment, or even camps. In situations like these, careful record keeping and a demonstrated history of interest, participation and ability should be demonstrated to the court.
Frequently, parents take a “follow the form” approach to family law matters. However, knowing the particular exceptions and variations to general rules enable an attorney to work with a client to tailor an order particularly suited to each individual family.
Discussing Your Options with a Child Support Attorney
To discuss your options, do not hesitate in contacting a qualified child support attorney today at 817-204-9000, or contact us online, and our attorneys will get back to you as soon as possible. The Law Offices of David Kohm have over 25 years experience and proven results. With offices all around the DFW metroplex, including Denton and McKinney Our dedicated team of attorneys are prepared to represent you and protect your rights. Call our offices 24/7 to set up your free consultation.
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.
