Child Support Attorney

Generally, Texas courts order the non-custodial parent to pay child support pursuant to the guidelines set forth in the Texas Family Code. These guidelines are as follows:
 

1 child: 20% of net monthly resources
2 children: 25% of net monthly resources
3 children: 30% of net monthly resources
4 children: 35% of net monthly resources
5+ children: 40% of net monthly resources

Net monthly resources are the payor’s gross monthly resources reduced by standard employment withholding (FICA, SS tax, & Medicare), medical insurance premiums for the children before the court, and union dues, if any. Other pre-tax deductions, such as 401k contributions, healthcare savings account withholdings, or other pre-tax deductions, do not further reduce the payor’s gross monthly resources for purposes of calculating child support.

Similarly, a child support payor may not reduce the net monthly resources by claiming more than one dependent for purposes of federal income tax withholding. Child support is calculated on all sources of monthly income and not limited to the payor’s primary employment. Child support is capped at the first $7,500.00 of the payor’s net monthly resources; in other words, net monthly resources in excess of $7,500.00 are not subject to a payor’s child support obligation.

A Texas court may order child support in excess of the percentages outlined above when a child before the court is disabled or has special needs. In Texas, child support is ordered until a child is 18 years of age and graduates from high school. There is no authority allowing child support to continue while a child attends college or other post-secondary education and/or training.

The child support percentages are reduced by 2.5% for each additional child not currently before the court that the non-custodial parent is ordered to pay support. For example, if the applicable percentage is 20% for one child before the court and the payor has one other child (less 2.5%) that the parent is ordered to support, then the applicable child support percentage is 17.5% of the payor’s net monthly resources for the child currently before the court.

In the event the payor is unemployed, Texas courts presume that all parents could at least make minimum wage and work 40 hours per week and calculate child support accordingly. Payors receiving unemployment or disability benefits are also subject to these child support guidelines with individual child support obligations calculated based upon the payor’s specific earnings.