What child support can I expect to receive in Texas?

In Texas, the legislature has created formulas for child support. In general, the amount of support will not vary too far from those guidelines. Indeed, the term guidelines has come to be a short-hand term among attorneys for that formula. Chapter 154 of the Texas Family Code contains the regulations and formulas regarding child support, and all references in this article are to that chapter unless otherwise noted. There is no gender bias permitted by the Texas Family Code (TFC), and so we speak of a Custodial Parent and a Non-Custodial Parent. The Custodial Parent is the parent with whom the child lives most of the time, and whose residence is used for school enrollment. The NonCustodial Parent typically pays child support to the Custodial Parent for the benefit of the child. Either Mom or Dad may be the Custodial Parent, and the other would then be the Non-Custodial Parent. The first step in determining the amount of child support is to determine the Non-Custodial Parents income from all sources. This is done by collecting pay stubs, tax returns, and/or bank records. The amount is annualized, then divided to get a gross monthly income. If there is a variable bonus or overtime, the total income for two or three years might be averaged to arrive at a number for gross monthly income that is reasonable. The Office of the Attorney General puts out tax charts for both employed and self-employed people that converts gross monthly income into net monthly income. The net monthly income is sometimes referred to as take-home pay or after-tax income. In most cases, only the first $7500.00 of net monthly income is considered for child support. If there is one child, the Non-Custodial Parent will pay 20% of net monthly income as child support. This percentage increases to 25% for two children, 30% for three, 35% for four, and 40% for five or more children. If the Non-Custodial Parent has other children, the percentage is lowered slightly for each other child. The amount by which it goes down varies from about of a percent to 2 percent. The chart is readily available in Section 154.129 of the Texas Family Code. For example, if a Non-Custodial Parent makes $48,000 per year, the gross monthly income will be $4000.00. Applying the Office of the Attorney Generals chart, the net monthly income is $3227.96. If there are two children and the Non-Custodial Parent does not have any other children, the support would be 25% or $806.99 per month. If there are two children and the Non-Custodial Parent has a child from another relationship, the support would be 22.5% or $726.30 per month. The Law Office of Maria S. Lowry 1314 Texas Avenue, Suite 400 Houston, Texas 77002 P: 713-850-8859 F: 713-234-0034 mlowry@lowryfamilylaw.com 1

If the Non-Custodial Parents net monthly income is more than $7500.00 per month, support is capped at $1500.00 per month for one child, $1875.00 per month for two children, etcetera. The parents can agree to a child support amount that is higher than the guidelines require. It is unusual for a court to approve any agreement that has child support significantly lower than guidelines, unless there are special circumstances. It is the public policy of Texas that each parent should support her or his child. The formulas described above are the legislatures way of doing that in a manner that is fair to everyone. The assets and income of the Custodial Parent are not part of the calculation of child support, nor are the assets and income of a new spouse or partner. Sometimes it is tempting to agree to an amount of child support that is too low or too high, just to get the whole process finished. While that might be the right decision for you, it is important to know that a child support order cannot be modified until three years have passed and the amount to be paid has changed significantly, or unless there has been a material and substantial change in the circumstances of one of the parties (Texas Family Code, Section 156). Therefore, it is important to make sure that the amount of child support is reasonable and will be workable for the foreseeable future. In some cases, it may be possible to get an order for retro-active child support for a short period of time before the order existed, or to get support for a child who has already turned 18. Those are very fact-specific cases and you should consult an attorney to determine whether this fits your family. Should the Non-Custodial Parent choose not to pay the child support ordered, it can be enforced, either by the Custodial Parent or by the Office of the Attorney General. The Non-Custodial Parent will be given an opportunity to make a plan to catch up. If he or she still does not support the child, then the court will find her or him in contempt and may order jail time, suspension of drivers license or professional license, and fines. This article addresses the typical situation and may or may not be precisely aligned with the facts of your particular situation. It is informational in nature and not intended as legal advice. Many factors, such as the possession schedule or special needs of the child, will affect whether the guidelines should apply or whether there should be a deviation from them. You should consult an attorney to determine what child support should be in your family.

The Law Office of Maria S. Lowry 1314 Texas Avenue, Suite 400 Houston, Texas 77002 P: 713-850-8859 F: 713-234-0034 mlowry@lowryfamilylaw.com 2