Introduction
When a non-custodial parent has children from more than one family, calculating child support can become complicated. Courts aim to balance the financial needs of all children while ensuring that the non-custodial parent is not unfairly burdened. In Texas, the Texas Family Code provides specific guidelines to determine child support for non-custodial parents with multiple families.
Understanding Child Support in Texas
Child support in Texas is calculated using guidelines set forth in the Texas Family Code, Section 154. The formula applies a percentage of the non-custodial parent’s net monthly income to determine child support payments. The percentage varies based on the number of children being supported:
- 1 child: 20% of net income
- 2 children: 25% of net income
- 3 children: 30% of net income
- 4 children: 35% of net income
- 5 children: 40% of net income
- 6+ children: At least 40%, adjusted by the court
For parents with multiple families, these percentages are adjusted to account for children from prior or additional relationships.
Key Factors in Calculating Child Support for Multiple Families
When a non-custodial parent has children from multiple families, the court considers the following factors:
- Net Monthly Income
The parent’s net monthly income is calculated by subtracting allowable deductions from their gross income. Deductions include:
- Federal income taxes
- Social Security taxes
- Health insurance premiums for the child(ren)
- Union dues
- Children from Prior Relationships
The parent’s financial obligations to children from previous relationships reduce the percentage of income allocated to the children in the current case. This ensures fairness and avoids overburdening the parent.
- Adjusting Percentages Based on the Number of Children
The Texas child support guidelines use an adjusted percentage formula to calculate obligations for multiple families.
How Child Support is Calculated for Multiple Families
Texas courts use an “Adjusted Guidelines Table” to determine the appropriate percentage of income. This table accounts for the number of children in the current case and the number of children from prior relationships.
Here’s an excerpt of how the adjustment works:
- 1 child in the current case + 1 child from another family = 17.50% of net income
- 1 child in the current case + 2 children from another family = 16.00% of net income
- 2 children in the current case + 1 child from another family = 22.50% of net income
The court uses this table to allocate support proportionally between the families.
Scenario-Based Examples
Example 1: Non-Custodial Parent with One Child from a Prior Relationship
Scenario:
John is a non-custodial parent with one child from a previous marriage and one child in the current case. His net monthly income is $5,000.
Calculation:
- For one child, the guideline percentage is 20%.
- However, since John has one child from another family, the adjusted percentage is 17.50%.
- 17.50% of $5,000 = $875
John would pay $875 per month in child support for the child in the current case.
Example 2: Non-Custodial Parent with Two Children from a Previous Relationship
Scenario:
Maria is a non-custodial parent with two children from a previous relationship and one child in the current case. Her net monthly income is $6,000.
Calculation:
- For one child in the current case, the guideline percentage is 20%.
- Adjusted for two children from another family, the percentage is 16%.
- 16% of $6,000 = $960
Maria would pay $960 per month in child support for the child in the current case.
Example 3: Non-Custodial Parent with Multiple Children in Multiple Families
Scenario:
Eric has one child from a previous relationship, two children from another relationship, and one child in the current case. His net monthly income is $7,000.
Calculation:
- The guideline percentage for one child in the current case is 20%.
- Adjusted for three children from previous relationships, the percentage is 14.75%.
- 14.75% of $7,000 = $1,032.50
Eric would pay $1,032.50 per month in child support for the child in the current case.
What Happens if Financial Circumstances Change?
Non-custodial parents with multiple families may experience changes in income or family circumstances over time. In such cases, they can request a modification of child support.
Common Reasons for Modifications:
- A significant increase or decrease in income
- The birth of additional children
- A change in custody arrangements
To modify a child support order, the parent must file a petition with the court and provide evidence of the changed circumstances.
How can we assist?
Calculating child support for non-custodial parents with multiple families requires careful consideration of all financial obligations and the needs of each child. Texas law provides clear guidelines to ensure fairness while protecting the best interests of the children.
At our firm, we have extensive experience assisting clients with divorce cases. 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.