Texas Child Support Basics, Part Two

In our previous blog post, we discussed the calculation of child support in Texas. Child support is based on net monthly income and what constitutes income. You might be asking, “is per diem included in child support in Texas”? What about child support obligations for parents who were incarcerated?

In this blog, we will delve into per diem payments and the impact of serving time in prison on child support. We’ll also discuss circumstances that may lead to paying more than the Texas law requires for child support.

Is per Diem Included in Child Support in Texas?

In Texas, per diem payments are generally not considered income for child support calculation purposes. Per diem payments are intended to cover the cost of meals, lodging, and incidental expenses incurred while traveling for work. 

When calculating child support in Texas, the court primarily considers a parent’s gross income. This includes wages, salary, bonuses, commissions, and other sources of income. Deductions may then be made from the gross income to determine the net resources available for child support.

So, is per diem included in child support in Texas? Per diem payments are not typically considered as part of the gross income. These payments are typically not included when calculating a parent’s net resources, which is used to determine child support obligations.

It’s important to note that specific circumstances can vary. Hence, it’s advisable to consult with an attorney to ensure that your situation is properly assessed when calculating child support. Additionally, child support guidelines and laws may change over time. So, it’s a good idea to seek advice from a family law attorney in Texas.

How Incarceration Can Affect Your Child Support Obligation

The actions leading to an incarceration could be considered an intentional act of becoming unemployed. Surprisingly, some Texas courts have refused to reduce child support obligations for parents who were incarcerated. It’s important to note that specific circumstances can vary. Hence, it’s advisable to consult with an attorney to ensure that your individual situation is properly assessed. 

It’s essential to note that incarceration does not automatically stop child support. The existing child support order remains in effect until a modification is granted by the court.

How to Stop Child Support if a Parent is Incarcerated

To halt child support payments when a parent is incarcerated, you can file an Incarcerated Noncustodial Parent Affidavit of Income/Assets with the court that established the child support obligation. This document informs the Texas Office of the Attorney General about the incarcerated parent’s situation. However, the Attorney General does not have the authority to unilaterally modify a child support order. Only a judge can do that. Filing this document prompts the Attorney General to file the necessary paperwork with the court. The judge will decide whether to modify child support.

Deemed Income and Child Support Calculation

The concept of “deemed income” is defined in the Texas Family Code. It refers to assigning a reasonable amount of income to assets that do not currently produce income but could in the future. This concept helps determine the net resources available for child support. Assets that are not generating income can be considered as sources of income for child support calculations.

– Real Estate Partnerships: Recent appellate court decisions have ruled that even real estate partnerships with no current income can be counted as a source of income for child support calculations.

– Employee Benefits: Benefits such as company cars, paid car insurance, or expense accounts provided by your job may be considered as income when calculating child support, even though they are not paid in cash.

– Employment Expenses: Expenses like gas, maintenance, transportation, and travel costs associated with running a business can be counted as income for child support calculation purposes.

Courts Awarding Child Support Above Guidelines

While there is a presumption that child support in line with the Texas Family Code guideline amounts is in the best interest of the child, courts can award child support amounts above these guidelines if there is evidence to justify it. If a judge believes that awarding the standard amount of child support is not in the child’s best interests, they can order a different level of support. The court will also consider whether you earn more than $8,550 per month, the maximum amount considered when setting child support obligations.

If you have further questions about child support or family law matters, please don’t hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free consultations to answer your questions and provide guidance tailored to your specific situation.


Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

  1. Texas Child Support Basics
  2. Can my Texas Driver’s License Be Suspended for Not paying Child Support?
  3. Child Support Modification in Texas (Part 1)
  4. What do I do if I have overpaid child support in Texas?
  5. Child Custody Basics in Texas
  6. Child Support and College Tuition in Texas
  7. Texas Child Support Appeals
  8. In Texas are Child Support and Visitation Connected?
  9. Texas Child Support – Trust and Annuities
  10. Special Needs Children in Texas Child Support Cases
  11. How to get above guideline child support.

Law Office of Bryan Fagan, PLLC | Tomball, Texas Child Support Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding child support, it’s important to speak with one of our Tomball, TX Child Support Lawyers right away to protect your rights.

Our child supportlawyers in Tomball TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles child supportcases in Tomball, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

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