Divorce is hard enough, but when you have children involved a divorce becomes even more complex from a legal stand-point. Retaining the services of an experienced Texas family law attorney is extremely important. They can assist in guiding you through your divorce and how child support works. They can also assist you down the road in regards to child support if there are changes to your income or your former spouses’ income. Needless to say, attempting to handle this on your own can be a daunting task, which is why a family law attorney is so important in helping you make the best decision for you and your family.
Who Pays Child Support in Texas?
The state of Texas uses physical custody to determine who will pay child support. Both parents may be forced to pay child support. However, in most cases, the parent who spends the least amount of time with the child will have to pay child support.
The non-custodial parent’s income will determine how much child support they will have to pay. Parents are free to pay more than the required amount. However, they are not able to pay less than that.
It is important to note that even though the non-custodial parent is typically the one who pays child support, the custodial parent is also financially responsible for the child. The court assumes that the custodial parent is taking care of the child financially because they are the primary caregiver.
Texas Child Support Guidelines
The number of children that you have will also determine how much money you will have to pay for child support.
- 20 percent of the parent’s net income for one child
- 25 percent of the parent’s net income for two children
- 30 percent of the parent’s net income for three children
- 35 percent of the parent’s net income for four children
- 40 percent of the parent’s net income for five children
The above percentages, however, are typically reduced in circumstances where the parent has additional children to support. Also, regardless of the number of children that one has, the parent cannot be forced to spend more than 50% of their net income. Never-the-less, if the parent’s income is below minimum wage or they have no income, then the child support will typically be set based upon approximately minimum wage earnings.
How to use This Guideline
It is fairly easy for you to calculate how much of your income you will need to spend on child support. In order for you to calculate your net income, you will need to subtract all of the deductions from your paycheck. Keep in mind that any form of income you get will be used to calculate your child support. This includes things such as bonuses that you get at work, tips and overtime. Additionally, if you have a valuable asset such as a home or car, then this may be used to calculate child support.
Challenging Child Support
The amount of child support that you pay is not a fixed amount. If you feel that you are paying an unfair amount, then you have the right to challenge it. You can take this to court. It is best for you to hire a family law attorney if you feel that you are paying an unfair amount. The court will take the following into consideration before modifying your child support.
- The needs and age of the child or children
- The parent’s ability to provide for the child or children
- The parent’s debts and financial resources
- Child care expenses
- Alimony payments
- Expenses for special needs children
- Any other children that the parent is obligated to support
- The costs that are incurred when the child is traveling to see the other parent.
Working Together for the Child
It is ideal for both parents to work together for the best interest of their child. However, it is not always possible to do this. If both parents are not on the same page, then it may be impossible for them to come to an agreement on things like child support. Everyday expenses like groceries, medical care, savings and housing have to be taken into consideration. That is why it is important to call a family law attorney to help provide expert legal advice in how to deal with family court and child support.
If you are in need of a family law attorney, then you can call one of the following numbers for a free consultation.
Arlington (817) 522-4451
Dallas (972) 362-6848
Fort Worth (817) 764-1375
Plano (972) 354-4602
Cedar Hill (972) 338-9427
McKinney (469) 522-3688
Lewisville (972) 354-4605
Frisco (972) 725-7681
Grapevine (817) 835-8677
Irving (972) 354-4610
Keller (817) 204-0904
Garland (214) 572-2251
Denton (940) 222-4060
Addison (972) 564-8108
You can also contact us online by using our quick contact form.
