Introduction
Child support is a critical aspect of ensuring the financial well-being of children when parents separate or divorce. In Texas, child support laws are designed to provide a structured approach to determining the financial responsibilities of non-custodial parents. Child support refers to the financial payments made by the non-custodial parent to the custodial parent to help cover the costs of raising their child. These payments are intended to ensure that children maintain a similar standard of living despite their parents’ separation.
How Is Child Support Calculated in Texas?
In Texas, child support is calculated using a percentage of the non-custodial parent’s net monthly income, based on the number of children requiring support. The state uses guidelines established in the Texas Family Code to determine the appropriate amount.
Net Monthly Income
Net monthly income includes wages, salary, self-employment income, overtime, tips, bonuses, commissions, and other sources of income. Certain deductions are allowed to determine the net income, including : Federal income tax, Social Security tax, Union dues, Health insurance premiums for the child
Guideline Percentages
The Texas child support guideline percentages are as follows:
- 20% for one child
- 25% for two children
- 30% for three children
- 35% for four children
- 40% for five children
- At least 40% for six or more children
Example: A non-custodial parent earns a net monthly income of $4,000. If they have two children requiring support, the guideline percentage is 25%, resulting in a child support payment of $1,000 per month.
Factors That Influence Child Support Amounts
While the Texas Family Code provides clear guidelines, various factors may influence the final child support amount, including:
- Special Needs of the Child: Additional support may be required for medical, educational, or extracurricular expenses.
- Shared Custody Arrangements: When both parents share custody equally, child support may be adjusted to reflect the time each parent spends with the child.
- Income Discrepancies: If the custodial parent earns significantly more than the non-custodial parent, the court may deviate from standard guidelines.
- Additional Dependents: If the non-custodial parent has other children to support, their obligation may be reduced.
Example: A non-custodial parent with a $5,000 net monthly income has three children, one of whom has significant medical needs. The court may order an amount higher than the 30% guideline to cover additional healthcare expenses.
Medical and Dental Support
In addition to child support, Texas law requires parents to provide medical and dental coverage for their children. This can be achieved through:
- Employer-sponsored health insurance
- A private insurance policy
- Reimbursement to the custodial parent for premiums
The cost of health insurance is factored into the child support calculation, ensuring it does not create an undue burden on the non-custodial parent.
Example: A parent paying $200 monthly for their child’s health insurance premium may see this amount deducted from their net resources before calculating child support payments.
Enforcement of Child Support Orders
Failing to pay child support in Texas can result in serious consequences, including:
- Wage garnishment
- License suspension
- Property liens
- Contempt of court charges
The Texas Office of the Attorney General (OAG) assists with enforcing child support orders, ensuring children receive the financial support they are entitled to.
Example: A non-custodial parent who falls $5,000 behind in child support payments may have their driver’s license suspended until they pay the arrears or establish a payment plan.
Shared Custody and Child Support
In shared custody arrangements, child support is calculated differently. Courts consider the income of both parents and the time each spends with the child to determine an equitable support amount.
Example: If both parents earn $4,000 per month and share custody equally, the court may calculate child support based on expenses and adjust payments accordingly.
Frequently Asked Questions (FAQs)
Q1: How long does child support last in Texas?
- A: Child support typically continues until the child turns 18 or graduates from high school, whichever comes later. Support may extend for children with disabilities.
Q2: Can child support be waived in Texas?
- A: Parents cannot waive child support entirely, as it is considered the child’s right. However, they may agree to specific terms, subject to court approval.
Q3: What happens if a parent’s income changes?
- A: Significant income changes can lead to modifications of child support orders. Parents must petition the court for any changes.
How can we assist?
Understanding child support calculations in Texas is essential for both custodial and non-custodial parents. By knowing how payments are determined and the factors that influence them, parents can ensure their child’s financial needs are met.
At our firm, we have extensive experience assisting clients with divorce cases and child support. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.