Will You Have to Pay Child Support in a Divorce?
Divorce is an emotionally draining and complicated process – especially for couples with children. Before a court gives the divorce the green light, it must be satisfied with issues regarding the child’s welfare. For instance, parents must have a child support agreement to ensure the financial support of the child.
Child support is ordered by the court, directly from the judge or through an informal agreement by the parents. The justice system recognizes that parents might have different financial resources, so there are child support guidelines that take their income into consideration.
If you’re facing a divorce and have concerns about child support, a Southlake child support lawyer can help and advise you of your rights and obligations.
The Fundamentals of Child Support
In Texas, child support is usually provided by the non-custodial parent to the custodial parent. Your lawyers will establish the non-custodial parent’s net income, taking into account the following deductions before applying the child support formula:
- Social Security taxes
- State and federal income tax
- Direct debits for child health insurance
- Union dues
Then, the court will apply the standard child support guidelines, which determine a fixed percentage of monthly net income for support.
Here’s a table with further details:
| No of Children | Applicable % of Net Income |
|
1 |
20% |
|
2 |
25% |
|
3 |
30% |
|
4 |
35% |
| 5 |
40% |
|
6 |
Higher than the applicable percentage for five children. |
A point to note: These guidelines apply to parents whose income is less than $7,000— a limit modified every 6 years. In addition, the applicable rate changes if a parent has a legal obligation to support other children— through adoption or biologically. An additional child reduces the child support rate.
If you are a non-custodial parent with income above the threshold, chances are good that you will need to pay some child support following your divorce. Your attorney can ensure you receive a fair child support order.
Principles That Govern Child Support
Child Support is Modifiable
Child support will be set based on the parent’s income at the time of divorce. However, circumstances can change. The court can modify the order if the paying parent loses a job, becomes disabled, or gets a significant increase in income. Ultimately, a parent can seek a modification order from the court based on changed circumstances.
Child Support Has No Impact on Tax
The Tax Cuts and Jobs Act of 2017 classified child support payments outside the tax system— for both the payer and recipient. Even so, split custody arrangements may have other tax implications for both or either parent. Discuss possible tax concerns with your attorney.
Speak to a Reputable Southlake Child Support Lawyer
Divorce makes it complicated to strike a perfect balance between the child’s interest and your financial welfare. With that in mind, working with a dedicated attorney regarding child support is essential. At Mims Ballew Hollingsworth | Family Law, we work with parents to find solutions to child support and other issues. Contact us online or call us at 817.900.8330.
Fort Worth, TX Divorce & Family Lawyers
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.
