Child Support

Child support is money ordered to be paid by one (or both) parents for the care of a child, often based on a court order, until the child turns 18 years old or graduates from high school (whichever is later). Child support calculations are governed by guidelines as set out in the Texas Family Code. These guidelines mandate how the computation of monthly child support should be determined, based on an obligor’s net monthly income. Monthly income includes income from all sources, as well as self-employment income and unemployment benefits.

Being unemployed will not prevent a Court from ordering child support, but the Court will consider all factors involved. The Court can find what a reasonable amount of income the obligor parent should or could be earning if the Court believes that parent is intentionally unemployed or underemployed.

Section 154.125 of the Texas Family Code provides the starting point for child support calculations, as follows:

CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR

1 child 20% of Obligor’s Net Resources
2 children 25% of Obligor’s Net Resources
3 children 30% of Obligor’s Net Resources
4 children 35% of Obligor’s Net Resources
5 children 40% of Obligor’s Net Resources
6+ children Not less than amount for 5 children

There is a maximum monthly net amount that the court considers in calculating child support. The “cap,” or maximum amount to which the courts apply the guideline percentage, is updated every 6 years to account for inflation. Again, these are guidelines; the amount of child support can deviate up or down based on the facts of each case. These figures can also change if the obligor has other children he or she is supporting besides the children before the Court. Health and dental insurance for the children is considered child support, as well, and the courts mandate that children be covered by an insurance policy with health and dental coverage with a reasonable monthly premium. Health care costs not covered by insurance are typically ordered to be split 50/50 between the parties.

We aid our clients in getting child support calculated and set. Our office can also aid in modification of child support orders, as only a court can change or modify the amount of child support ordered to be paid, as well as in enforcing child support/health coverage orders.