Texas
Child Support
Child
Support is about sharing the costs of raising a child. The Texas
Family Code tells the courts how much child support should be paid
per child. Please take a moment to fill out the form we've
created for you to share what's going on and tell us why you need
legal representation. At
Len Conner & Associates, we're here to help you. Our firm
is dedicated Exclusively to Family Law Litigation and
Mediation.
Child Support Guidelines
The Texas State Child Support Guidelines apply to the first $8,550
per month that the person owing child support makes. If you make
over $8,550 per month, the court only considers your first $8,550
of net resources in determining the child support according to the
guidelines. Beyond that, the judge can order more child support if
appropriate, considering both parents' incomes as well as the proven
needs of the child. If a parent is requesting more child support
than the guidelines specify, that parent needs to show proof of
income and other evidence proving that the child requires additional
support. The following table illustrates the percentage child
support guidelines as set forth in the Family Code.
Number of Children Before the Court.
Children of the Marriage. |
Number of
Children
Not Before
the Court.
Child by
Another
Marriage |
0 |
1 |
2 |
3 |
4 |
5 |
6 |
0 |
20 |
25 |
30 |
35 |
40 |
40 |
1 |
17.50 |
22.50 |
27.38 |
32.20 |
37.33 |
37.71 |
2 |
16.00 |
20.63 |
25.20 |
30.33 |
35.43 |
36.00 |
3 |
14.75 |
19.00 |
24.00 |
29.00 |
34.00 |
34.67 |
4 |
13.60 |
18.33 |
23.14 |
28.00 |
32.89 |
33.60 |
5 |
13.33 |
17.86 |
22.50 |
27.22 |
32.00 |
32.73 |
6 |
13.14 |
17.50 |
22.00 |
26.60 |
31.27 |
32.00 |
|
|
The
top row across represents the number of children which are before the
Court. The left-most row addresses children who are not before the Court
but are a child(ren) of a previous relationship that the obligor has a
duty to support. In order to use the table effectively, assume one child
of the marriage and no children from a previous relationship as to
either party. In this example, guideline support is 20% of net resources
as to the obligor (person paying support). Another example, assume two
children from a previous relationship and two children from the current
marriage. Guidelines indicate that the obligor should pay 20.63 of net
resources for child support. The reduction is in place because the
obligor has a duty to support children from each relationship.
Although
the Texas Family Code provides guidelines that are presumed to be in the
child's best interest, it is possible to rebut the presumption. Several
factors that the courts may consider in deciding to vary from the
guidelines include, the needs of the children, the ability of the party
to pay child support, and other child related expenses the paying parent
is paying. Further, if a parent is having to travel long distances in
order to exercise visitation, the cost of travel (gasoline, airfare,
hotel expense) are factors that may support a variance from the child
support guidelines. In addition, if a paying parent is supporting a
child through college, this factor may also call for a reduction in
child support. The non custodial parent is required to pay support
until the child turns 18 years old, or graduates from high school, which
ever occurs LATER.
Child Support Net
Resources
Child
support guidelines base their percentages on "net resources." Net
resources include more than just salary but also includes money
earned in the form of commissions, overtime pay, retirement benefits,
pensions, trust income, annuities, capital gains, social security
benefits, and gifts. Deducted from gross "resources" are any
amounts paid for social security taxes, federal income taxes (based on
the tax rate for a single person claiming one personal exemption and the
standard deduction), union dues, and any expenses that he obligor pays
for the children's health insurance. These amounts are deducted from an
obligor's resources to determine net resources for applying the child
support guidelines. Courts can order child support for the life of the
child under certain specific circumstances such as a disabled child.
Needs
of the Child
The Texas Family Code does not define "needs of the child." The term,
however, includes more than just "bare necessities." To justify child
support in excess of the percentage guidelines, evidence of a child's
special needs are required.
The Texas Supreme Court has had a
difficult time with defining special needs. In order to justify child
support greater than the child support guidelines, proof that the
children's needs have increased or are greater than the "average child"
include special education, advanced education, extracurricular
activities (debate club, scouts, sports, cheer leading), and special clothing. In Giangrosso,
840 S.W.2d 769, the father testified that the child had become more
expensive to care for and support because the child was growing and
involved in more sporting activities. The court held, "this testimony
alone could serve as evidence that the child's situation has so
substantially changed as to warrant an increase in child support
obligations." In Scott, 926 S.W.2d 415, the mother testified to actual
costs associated with meeting the child's needs and estimated costs
associated with items the mother believed would benefit the child but
she could not afford. She went on to testify to other items relevant to
the child special needs. The appellate court stated, "the law does not
require a movant (the mother in this case) seeking child support
modification to go this far . . . the child's mother is in the best
position, as managing conservator, to explain the needs of the child.
Upon a showing of a child's special needs, the court may, in its
discretion, award child support greater than the guidelines. Although deviating above or below the guidelines is not the norm, it happens routinely in Dallas and Tarrant county family courts.
Call
Len Conner & Associates, P.C.
now to discuss your individual and unique situation,
972-445-1500.
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to discuss your legal matter with an experienced Texas Family
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Do Not Wait to Establish Your Rights
Whether you are a father or
you are about to be a father you have certain legal rights and obligations
towards your child. However, waiting to establish these rights will only make it
more difficult to gain access to the children. The sooner you act, the
easier it is for the Court to issue a Court Order insuring your time with
the children. If you delay, the Texas Attorney General's office will
likely file a lawsuit against you and request up to FOUR YEARS of
retroactive or back child support with minimal visitation.
Call us Today! 972-445-1500.
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FULLY
LICENSED BY THE TEXAS SUPREME COURT
Admitted to the US Federal Courts, Northern District of TX
Member of the Texas Family Law
Section of the Texas State Bar Association
Member - Dallas
County Bar Association - Family Law Section
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County Family Law Bar Association |
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