Every parent has an obligation to support his/her child from birth. Child support is a court ordered payment by one parent to the other parent for the support of their child. Child support is calculated using guidelines promulgated by the Texas legislature, requiring that a certain percentage of a parent’s net monthly income goes to the support of the child. Contact Lowe Law, PLLC at (832) 953-LOWE(5693) to discuss your child support case.
How much does a parent have to pay for child support?
The Texas Family Code has guideline percentages which apply to the first $8,550.00 of the non-custodial parent’s monthly net resources. Therefore, if the parent responsible for paying child support earns more than $8,550 and has two children in the same household, his max child support would be $2,134.50. However, If the child has additional proven needs, then additional support may be warranted.
What are the guideline percentages?
The following percentages are presumed to be appropriate under the Texas Family Code: Child Support Guideline Percentages
|Number of Children||Percentage|
|1||20% of the obligor’s net resources|
|2||25% of the obligor’s net resource|
|3||30% of the obligor’s net resources|
|4||35% of the obligor’s net resources|
|5||40% of the obligor’s net resources|
|6 or more||Not less than 40% of the obligor’s net resources|
When it comes to child support, how does the court calculate net resources?
Lowe Law, PLLC can explain the detailed make-up of ones net resources. To put it simply, Texas Courts use the total amount of money received by the person obligated to pay child support from all of the sources listed above and then subtracts social security taxes and federal taxes (using one deduction), state income tax (if any), union dues, and the cost of the health insurance for the child. The Court will only look at the first $8,550 net monthly resources for purposes of calculating support.
What if the person who should pay child support is not working?
Texas Courts will still order a minimum amount of child support to be paid each month. Lowe Law, PLLC will fight for you and ensure the child support is set accordingly.
Will the Court waive the child support requirement if my spouse agrees to it?
Some courts will not allow the parties to waive the child support requirement even if the parties are in agreement. Generally, the right to “waive” the support is construed to belong to the child and not to the parent with whom the child lives. Since the child is not competent to make this kind of decision, the Court is very reluctant to allow child support to be waived.
What is a wage withholding order?
As your child support lawyer will explain, a wage withholding order is an order provided to the obligor’s employer which results in an automatic deduction of the child support from the obligor’s paycheck. That money is then forwarded to the Texas State Disbursement Unit in San Antonio, which, in turn, sends the payments to the obligee.
How is child support enforced after a divorce?
The decree of divorce must have specific language on the amount of child support to be paid, who is to pay the support, to whom the support is payable, where and how it is to be paid, and when it is to be paid.
If specific language is not contained in your decree, you will have to file an enforcement action with the court if your former spouse becomes delinquent on child support payments. It is recommended that a family law firm like Lowe Law, PLLC should write your decree to ensure the correct language is included. The court has the authority to issue a wage-withholding order (if one has not already been issued by the court) to deduct child support from the obligor’s earnings.
Will the court order back Child Support?
If you qualify for retroactive child support, the Texas Courts may sign an order specifying the amount, interest rate and total time for the obligor to pay back the past due amount. If you think you may be required to pay child support, even if there is no order in place, you may want to start setting aside child support now, or sending the other parent a clearly labeled check or money order every month for the support of the child. Lowe Law, PLLC can provide more information on retroactive child support, call (832) 953-LOWE(5693) or visit the Contact Us Page!
I have two children from my previous marriage for which I am currently paying child support; does the court take that into consideration when setting the amount of child support that I have to pay for my child with my soon-to-be ex-wife?
Yes. Instead of using the regular percentages, the Texas Court may reduce the amount of child support by giving consideration to the number of children before the Court and the number of other children for whom the obligor has a duty of support. Ask your child support attorney for a review of your specific case.