How is child support calculated?

The Texas Family Code provides guidelines for calculating child support.  The guidelines are followed in the vast majority of cases.   If you are involved in a child support case with the Attorney General, you can be confident that the guidelines will be followed almost 100% of the time.

The guidelines calculate child support based on net income.  This does not necessarily mean the same thing as “take home pay.”  Net income is calculated as gross income minus the correct amount of taxes (which may or may not be the amount withheld from the paycheck), and minus health insurance for the child(ren).  (There are a few other things that can be subtracted but they do not apply to most people.)

If the parent paying child support is providing insurance for more than just the children (himself or herself, a spouse, etc.), then it is important to figure out the cost for just the children.  Generally an employer will have charts showing the cost of insurance for the employee only, employee plus spouse, employee plus children, and employee plus family. Only the cost of insurance for the children will be factored into the child support calculation.  The parent paying child support will be usually be responsible for either providing the insurance for paying a set amount to the other parent for the cost of insurance.

If the parent paying child support has no other children outside of the case at issue, child support is calculated as 20% for one child, 25% for two children, 30% for three, 35% for four, 40% for five, and “not less than the amount for five children” for six children.  The percentages change if the parent paying child support is responsible for supporting other children.  For example, if a parent has one child with the parent involved in our case and one child with someone else, the child support guideline for the child in this case would be 17.50%.

Generally child support is capped at the first $8,550 in net resources.  A custodial parent can bust through that cap if he or she can show that the child’s needs exceed the presumptive amount of support.

Although the family code does provide reasons for deviating from the child support guidelines, it is pretty rare to see a judge order anything different than the guidelines.  I most often see courts vary from the guidelines when the non-custodial parent has more possession time than a standard possession order.  The parents can always agree to a different amount and it will usually be approved.

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