Texas law provides a formula to calculate child support. But any formula is only as good as the numbers that you input. The basis for the calculation is net resources. The percentage awarded varies based on the number of children. How do you know that the net resource calculation is correct?
For more than 40 years, W. Tyler Moore, PC, has worked with families across Harris County to find solutions to child custody and support disputes. Our child support lawyer holds a rare dual certification as a specialist in both civil trial law and family law from the Texas Board of Legal Specialization. From our first meeting, we will take the time to understand your unique situation and answer your questions.
Child support determinations always start with determining the total net resources available between the parents. This is a broad definition. Some of the types of income included are:
Salary — encompassing commissions, overtime wages, bonuses, severance and dividends
Government benefits — such as unemployment and Social Security
Investment income — pensions and other retirement accounts, annuities, capital gains and any interest
Spousal maintenance (also commonly referred to as alimony) is also included.
Then there are certain deductions for Social Security and federal income taxes (using one deduction), union dues and the cost of a child's health insurance. If the person paying support has other children, this is also taken into consideration.
Child support is set according to a statutory formula. The specifics should be discussed with an attorney. Generally, under Texas law, child support is presumed to be proper if set at the following percentages of the noncustodial parent's average monthly net resources:
20 percent for one child
25 percent for two children
30 percent for three children
35 percent for four children
40 percent for five children
Not less than 40 percent for six or more children
Child support payments are usually made on a bimonthly or monthly basis. Often, they are deducted right from a parent's salary. When a parent refuses to pay, the court may be able to assist in enforcing the order.
When circumstances substantially change, speak with us about whether you might be able to request a modification.
Will you be able to continue paying the bills? Child support should not bankrupt the payer. At the same time, it needs to be enough to provide for a child's needs. We can help ensure that you pay or receive a fair amount.
Please schedule a consultation with our board-certified family law attorney, W. Tyler Moore, by calling our Houston office at 713-322-3950 or sending a message online.