It is every parent’s responsibility to support their children financially, and when parents are no longer together, the child support system helps to ensure that this responsibility remains balanced between both parents. A wide range of primary factors go into the child support calculation process, but the primary focus of Texas courts is always the overall best interests of the children involved. If you have questions or concerns related to child support, it’s time to reach out to an experienced Fort Worth child support attorney.
When it comes to the calculation of child support in Texas, there is a set process. There are instances, however, when Texas courts stray from the basic guidelines, and the factors that guide their decisions in these instances include the following:
In Texas, child support is typically calculated according to the following percentages:
Beyond five children, the parent who is responsible for paying child support pays no less than 40 percent of their net monthly income.
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Child support payments are based on net monthly earnings, which is determined in accordance with several basic steps.
To begin, each parent’s total earnings for the year are assessed, which include all the following:
When compiled, this amounts to the parent’s gross yearly income.
Gross Monthly Income
The amount rendered by the gross yearly income calculation is divided by 12, and the result is the gross monthly income.
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Once the gross monthly income is derived, standard monthly deductions like the following are subtracted:
The amount that remains is the parent’s net monthly income, and this is what guides the calculation of child support.
It is important to note here that when a parent purposefully earns less than they could or is unemployed by design – in an effort to minimize their child support obligation – Texas courts take a dim view. As such, the court can impute earnings that correlate with the parent’s ability to earn and use this number as a stand-in for their actual net monthly income.
Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.
The State of Texas sets a basic minimum child support amount, and child support payments generally don’t dip below this limitation. The state also, however, sets an income cap, which currently stands at $9,200. When the monthly net income of the parent who is paying child support exceeds this limitation, the child support amount is based on this cap.
In order for child support to exceed this amount, the parent who receives the payments is required to convince the court that doing so is in the best interests of the children as a result of some prevailing circumstance. While Texas courts generally follow state guidelines, they also have considerable discretion in the matter.
It is important to recognize that child support and child custody are separate legal matters that cannot be leveraged against one another. Courts hand down these orders in response to the involved children’s best interests, and they are legally binding. When a parent decides to withhold child support in response to the other parent’s failure to follow the parenting plan, they go outside the confines of the law and can be sanctioned for it. The same is true when a parent withholds parenting time as a means of protesting the other parent’s failure to pay child support.
Failure to live up to either responsibility can land you on the wrong side of the law. If your ex is engaging in either of these practices, the available recourse is proceeding through the appropriate legal channels. In the end, judges set parenting plans that are intended to maximize the amount of time the children are able to spend with both parents. This is considered a universally beneficial approach – except in extreme situations that require strict parenting time limitations.
When a parent takes it upon themself to limit their children’s time with their other parent or to limit their financial support, it is not in keeping with the children’s best interests and is not tolerated by the court.
Child support can be a contentious issue, but it doesn’t have to be with the right legal assistance. The compassionate child support attorneys at Mims Ballew Hollingsworth | Fort Worth Family Law recognize the serious nature of your child support concern and dedicate their imposing practice to skillfully advocating for a resolution that is in keeping with your rights and that works for your family. For more information about how we can help, please don’t put off contacting us today.
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Both parents are responsible for supporting their child financially. When parents separate, the non-custodial parent might be ordered by the family court to provide child support to the custodial parent. The court should consider each parent’s income and financial resources when issuing child support orders. Your lawyer can ensure your child support order is fair if you must pay child support.
Child support cases often take less time than other family law matters. This is because Texas follows an objective formula for calculating child support. The cases can take longer if the parent who should pay support is voluntarily unemployed or underemployed to try to minimize the support order. Support modifications can also take longer to resolve, as parents must prove or challenge changed financial circumstances.
If you are involved in a child support case, you should have documentation of your income, other financial resources, and necessary expenses. If you are a custodial parent, you should have your parenting plan and conservatorship order from the family court. Your attorney can advise you if you need additional documents to support your child support case.
In Texas, child support can last until a child turns 18 or graduates from high school, whichever is later. Child support can also terminate if a child gets legally married or emancipated from their parents.
Sometimes, child support can last longer, such as when a child has a disability and requires ongoing parental support as an adult. If a parent owes arrears, these can continue past a child’s 18th birthday, as well.
Failing to pay child support is a serious matter, and the Texas Child Support Services division can take action against the parent to induce them to pay. Some actions a parent might face include wage garnishment, suspension of a driver’s license or passport, or even criminal charges if the situation constitutes criminal non-support.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization..
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