Child support is designed to ensure that children can maintain their standard of living, regardless of which parent or parents they are living with after a separation or divorce. In Texas, the process of determining child support involves a thorough examination of the noncustodial parent’s financial resources to ensure that the child’s needs are met consistently and fairly. Texas child support rules can be complicated, and a divorce attorney in Austin is the person best placed to help you figure out what’s best for both you and your children.
Understanding Texas Child Support Guidelines
The initial step in making a child support calculation involves a comprehensive assessment of all income avenues available to the parent who has been ordered to pay support. This income includes earnings from employment, including wages, overtime, and bonuses, as well as passive income streams such as dividends and interest from investments and any payouts from retirement benefits or pensions.
Following the identification of all income sources, the state will then deduct certain qualified expenses to determine what is termed “net resources.” These deductions can include things like federal income tax, social security taxes, and non-discretionary retirement plan contributions. The resulting figure represents the actual financial capacity of the paying parent.
Contrary to common assumption, it’s not the gross income but the net resources that form the basis for child support calculations. Net resources are defined as income after taxes and other mandated deductions have been accounted for. Such deductions may also include the cost of health insurance for the child, which the noncustodial parent is often responsible for providing. Net resources as a concept acknowledges that some of the money a noncustodial parent has isn’t truly theirs at all; another entity, like the federal government, has a claim on it that cannot be denied.
Percentage of Income Model
With the net resources determined, Texas courts will typically then apply a fixed percentage model to determine the baseline amount of support. The percentages are applied depending on the number of children involved. For one child, 20% of the noncustodial parent’s net resources is the standard expectation. This figure increases by increments of 5% for each additional child up to the fifth, where it caps at 40%.
In scenarios involving six or more children, the amount should not be less than that allocated for five children. These percentages are designed to scale with the number of children to ensure that the financial support reflects the needs of a growing family. However, it is important to understand that these figures are not absolute. Texas law empowers judges to adjust these guidelines in response to the unique circumstances of each case, and there are lower guidelines for special circumstances involving low-income individuals.
Adjustments and Deviations
Courts consider various factors, including the child’s age, health care needs, educational expenses, and any special needs. Additionally, the earning capacity and financial status of each parent and the time the child spends with each parent are considered. These considerations can lead to deviations from the standard percentage, with the goal of ensuring that the support provided actually aligns with the child’s real needs and is fair to both parents.
Special Considerations for High-Income and Low-Income Families
When the noncustodial parent’s financial resources are especially high, Texas courts may take a more individualized approach to support that isn’t bound by the standard percentage guidelines. In such cases, the court has the discretion to order support payments that exceed the presumed amounts to address the child’s actual needs and the lifestyle to which they are accustomed.
This ensures that children from higher-income families don’t experience a sudden and drastic change to their quality of life just because their parents have separated.
Conversely, for those with low income, the percentages can be lowered. If a noncustodial parents has $1000 or less in net resources every month, only 15% is required for one child, with a 5% increase per child up to a cap of 35%. There are also adjustments made if the noncustodial parent has other children with other people. Your divorce attorney in Austin will be able to tell you more exactly what to expect in your unique situation.
Health Care and Insurance Coverage
Noncustodial parents are generally required to provide medical and dental insurance. If insurance is not accessible through the noncustodial parent’s employer or is not available at a reasonable cost, the court may order the parent to make additional payments to cover the child’s health care expenses. The custodial parent might be tasked with maintaining the insurance coverage if it is available at little or no cost through their employment.
Modification and Enforcement
Child support orders are not immutable, and they can be modified if there is a material and substantial change in the circumstances of either the child or the parents. Such changes might include a significant shift in either parent’s income, changes in the child’s needs, or other factors like the availability of health insurance. If it has been three years since the order was established or modified, a review may be warranted.
Enforcement of child support is taken very seriously in Texas. The Office of the Attorney General plays a pivotal role in ensuring compliance with support orders. This includes locating parents who are delinquent in their payments, establishing paternity when necessary, enforcing support orders, and managing the collection and distribution of payments. The state’s enforcement mechanisms are aggressive, with serious consequences for non-compliance.
Shared Parenting and Visitation
Child support calculations can be influenced by the amount of time the noncustodial parent spends with the child. Shared parenting arrangements, which include joint physical custody or extensive visitation rights, may lead to adjustments in the support amount. The rationale behind this is that during periods of visitation or custody, the noncustodial parent also incurs direct costs associated with caring for the child.
Impact of Spousal Support on Child Support
Child support determinations in Texas are separate from spousal support arrangements. However, if a parent is either receiving or paying spousal support, this might impact the calculation of child support. Spousal support payments are a financial obligation that can reduce the net resources of the payer, which in turn could lead to a decrease in the child support amount.
Conversely, receiving spousal support can increase a custodial parent’s net resources, potentially affecting their eligibility for receiving child support. Courts consider these factors to ensure that all support payments are fair and reflect the current financial situation of both parents.
Child Support and College
In the state of Texas, the legal obligation to pay child support typically ends when the child turns 18 or graduates from high school, whichever comes later. However, there is a provision for parents to voluntarily extend child support to cover the costs of college education. Such agreements must be included in the final divorce decree to be enforceable.
Talk With an Experienced Austin Divorce Attorney
Child support can be complex, but it is important to ensure the well-being of your children. For those facing high conflict, complex, or difficult divorce and family law issues, The Eggleston Law Firm offers not just a lawyer, but a team of professionals dedicated to helping you attain the best possible future for you and your children. If you need help, call us now at 512-640-2507 to schedule a free consultation.
Additional Reading
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