In Texas, physical custody— meaning, the amount of time a parent spends with a child—determines who will make child support payments. Although a court could order either or both parents to support a child, in most cases the " noncustodial parent," the parent with the least amount of time with the child or children , pays child support.
The parent who pays support is referred to as the "obligor. The payment amount is based on a percentage of the noncustodial parent's income. You can estimate how much your child support payments will be by using Texas' child support guidelines , which are simply a fee schedule.
While parents are free to pay more than the guideline amount, they can't agree between themselves to pay less. In any event, a court must approve the payments. Also, there are circumstances where the result given by the guidelines would be unfair to a parent or the child. In those cases, a court will review a set of factors and may adjust the amount of support up or down.
Just because one parent tends to pay child support, that doesn't mean that the other parent is off the hook for the costs of raising a child. Instead, the law assumes that the custodial parent spends the money directly on the child.
In other words, the custodial parent automatically pays child support through the daily cost of raising the child. Calculating the amount of child support from the guidelines is a straightforward process, once you know the non-custodial parent's net monthly income. To determine net monthly income, you first take all available income and then make specific deductions, explained below. For child support purposes, income includes all wages, salary, commissions, military pay , tips, overtime, and bonuses.
Income also includes gifts, prizes, and alimony, among other things. If a parent collects income from a property, then add in the net rental income as well. Additionally, a court may assign an income value to assets that do not currently produce income, like a second house or car, if it's appropriate to do so.
Search form Search. How do I calculate my child support payment in Texas? Calculate Average Net Monthly Resources If you want to make a stab at calculating the amount of guideline child support in Texas yourself, you will need to calculate the paying parent's average net monthly resources. Include the following income in your annual gross income: One hundred percent of all wage and salary income and other compensation for personal services including commissions, overtime pay, tips, and bonuses ; Interest, dividends, and royalty income; Self-employment income; Net rental income rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation ; and All other income actually being received, including severance pay, retirement pay, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, child support, and alimony.
Do not include in your gross income: Return of principal or capital on a note not included in net resources; Accounts receivable; Benefits paid through Temporary Assistance for Needy Families TANF ; Payments for foster care; or Net resources of a new spouse.
Do the division to get your average monthly gross income then subtract: Divide the annual gross income you get by 12 to give you average monthly gross income, then subtract the following from the average monthly income to give you average net monthly resources: Social security tax and Federal income taxes paid for a single person these taxes based one personal deduction and the standard deduction are figured for you for both salaried and self employed persons in the Texas Attorney General's Tax Charts ; State income taxes; Union dues; Child's health insurance cost or cash medical support and for new cases filed after September 1, also include child's dental insurance cost ; and Non-discretionary retirement contributions if the noncustodial parent does not pay social security taxes.
What happens to the amount of child support I owe if I have a duty to support other children too? What factors can a judge consider to set the child support amount above or below the guideline amount? The judge is not allowed to consider these factors: A history of voluntary payment above the guidelines amount; The sex of the paying spouse, the recipient spouse, or the child; or The marital status of the child's parents.
Click here for answers about medical and dental support, how to modify child support, what happens if someone stops paying, and other questions. Professional divorce mediator Stacey H. Langenbahn, Esq. The Texas Family Code has a specific formula that sets how much child support may be awarded.
The IRS also may withhold tax refunds. The debtor parent may also be held in contempt of court and sent to prison or fined. Our experienced team has helped many Kaufman County residents with child support cases.
We will help you resolve your case so you can care for your family and move forward with your life. A calculation of net income begins with the parent's gross income.
To deviate from the guidelines, the court must consider a long list of factors listed in the Texas Family Code. Child support is just one of the many issues you will need to resolve when you get a divorce. We will negotiate and advocate on your behalf to help you get the outcome you want. Call us at or message us online to schedule a free consultation. You can also use a Texas child support calculator to determine the amount of child support.
Identify Sources of Income If you have multiple sources of income, you may need to combine these to figure out your income for child support purposes. All income you actually receive counts toward this calculation, including: All salary and wage income, tips, overtime, bonuses, and commissions; Self-employment and business income; Royalty income, interest, and dividends; Retirement benefits, social security, and pensions; Disability, unemployment, and workers compensation benefits; Annuities, trust income, and capital gains; Gifts and prizes; Net rental income; Alimony; and Child support paid for children from another marriage.
Calculate Income Once the court adds all sources of income together, it will subtract the following items to calculate your net income: Federal and state income taxes; Social security taxes or non-discretionary retirement plan contributions; Union dues; and The amount you spend on health and dental insurance and uninsured medical expenses for the children. Calculate Your Support Obligation There are two ways the court may calculate child support under the guidelines, depending on whether your net income is above a certain amount.
Talk to a Divorce Attorney About Child Support in Texas Child support is just one of the many issues you will need to resolve when you get a divorce.
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