Understanding the Basics of Child Support in Texas

Understanding the basics of child support, often referred to as “Child Support 101,” is crucial when navigating post-divorce arrangements. As the primary conservator, you gain the authority to determine your child’s primary residence. This means your child will primarily live with you. This automatically grants your ex-spouse visitation rights. As a result, your ex-spouse, now considered a possessory conservator, typically assumes the responsibility of paying child support. This ensures that both parents financially contribute to the child’s welfare.

You’ll receive child support because your child will be with you more frequently than with your spouse. You will shoulder more of the financial burden of caring for your child on a day-to-day basis. You hold the title of the custodial parent for child support purposes. This is while your ex-spouse assumes the role of the noncustodial parent.

How is child support calculated?

In our example, child support is determined by a percentage of your ex-spouse’s net monthly income.

The Texas Family Code offers child support guidelines. This allows you and your ex-spouse to calculate the monthly amount owed to you. It’s crucial to accurately determine your ex-spouse’s net monthly income to establish the precise figure.

Income in Texas for a noncustodial parent means all salary, wages, commissions, bonuses, tips, and overtime earned. Unemployment payments count for income purposes, social security benefits, and worker compensation awards.

Even if the inherited home isn’t generating income, it can still be considered a source of income for your ex-spouse. A judge might consider selling the home if your circumstances warrant it, using the proceeds to fulfill child support obligations. This is not common, but it can happen in our state.

Underemployment or Unemployment- how do these issues factor into paying child support?

Parents will under-employ themselves purposefully to pay less for child support in some situations. I have seen mothers and fathers step back from highly compensated positions at businesses to take lesser jobs where they will not be earning as much money.

Mainly if a job change occurred recently before a divorce or child support modification case, a judge could look back to see what the parent used to earn and use that income rather than their current income to assign a child support obligation.

Credit received for being financially responsible for children not involved in this court case.

Children who are not yours and are not involved in this particular case may be the responsibility of your ex-spouse. Your ex-spouse would receive credit for these children in that type of situation.

Typically a 2.5% credit is assigned per child, up to a limit of five. For example, if you and your ex-spouse have one child together and your ex-spouse is already paying child support for another child, your child support percentage would decrease from 20% of your ex-spouse’s net monthly income to 17.5%.

What if your ex-spouse chooses to pay more or less than the ordered amount of child support?

Another aspect of child support cases that people often question is whether a parent can decide to pay more or less than the ordered amount every month.

The answer to that question is that while a parent can pay more than their ordered amount of support every month, it is not allowed under the law for that parent to spend less. This means that if you are the parent who receives child support from an ex-spouse, it is not in your best interest to agree to allow them to underpay you for any period. A court must first approve any change in the child support obligation in a Modification case.

What if the guideline amount of child support does not work for your family?

The guidelines outlined in the Texas Family Code are just that- guidelines. These laws have been enacted because they are deemed applicable to a broad spectrum of people, but they may not function equally effectively for everyone.

For example, suppose your child has a disability that requires medical attention around the clock or will require you to stay at home to care for them after age 18. In that case, the standard amount of child support will likely be insufficient to provide for your child’s proven needs.

If you and your child are in this situation, you and your attorney will need to address it with the divorce court. If the issue arises after the initial child support order is issued, you may need to file a modification suit. You will present evidence of your child’s increased needs to seek a modification of child support. You and your ex-spouse would have an opportunity to settle your case outside of court by negotiating in mediation or on an informal basis. Otherwise, you will both present evidence to a judge to have him, or her decides whether your circumstances merit an increase in the monthly support level.

Factors that a court will consider when deciding whether to deviate from the guideline levels of support include the age and needs of your child, your financial resources, each parent’s ability to support your child, child care expenses, medical expenses as well as the costs associated with travel to allow your child to see each parent. If your circumstances demand a greater or lesser amount of child support, it will likely be due to one of the factors above.

What are your responsibilities after receiving child support from your ex-spouse?

If you receive child support, you have a responsibility to utilize that money for the care and maintenance of your child, whatever the circumstances you find yourself in. For most people, the costs of raising a child are well beyond what the monthly child support figure is.

You can look at the child support check as a way to offset your use of your income to provide monthly for your child. The law in Texas assumes that you spend this money directly on your child. Your “child support” payments are whatever you end up spending on your child for school supplies, food, rent, etc.

Health Insurance costs and child support

Either you or your ex-spouse will be responsible for providing your child with health insurance. The law presumes that if your ex-spouse is providing child support, they will also provide health insurance. This is not necessarily how it always turns out, however.

If you can obtain health insurance more readily or at a lower cost through your employer, the court may order you to do so. In this case, your ex-spouse would be ordered to reimburse you monthly for these expenses.

Conclusion

Navigating child support after a divorce hinges significantly on the custody designation. By understanding the fundamentals, often summarized as “Child Support 101,” you can better prepare for the financial responsibilities that come with being either a primary or possessory conservator. As the primary conservator, you not only decide your child’s main residence but also ensure that the non-residential parent contributes to their upbringing through child support. This framework ensures that both parents remain financially involved in their child’s life, fostering a balanced approach to post-divorce parenting.

Questions about child support in Texas? Contact the Law Office of Bryan Fagan, PLLC

Having questions about child support is customary, both before and after your divorce has concluded. You don’t want to act based on an assumption or an incorrectly held belief.

To avoid this situation, I recommend you contact the Law Office of Bryan Fagan, PLLC, to speak to one of our licensed family law attorneys. We offer free of charge consultations six days a week for potential clients. We can discuss your issues and the services we can provide you with as a client of ours.

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Other Articles you may be interested in:

1. Handling a child support case as the noncustodial parent, Part Five
2. How to handle a child support case as the noncustodial parent, Part Four
3. How to take child support as the noncustodial parent, Part Three
4. Defining a material and substantial change in a child support modification case
5. How to correctly calculate child support in Texas
6. Is Overtime Pay or Bonus Pay Considered for Texas Child Support?
7. Child Support in Texas: What is the most you will have to pay, and what are the exceptions to that rule?
8. The Dirty Trick of Quitting Your Job to Avoid Child Support During a Texas Divorce
9. Can I get child support while my Texas divorce is pending?
10. Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas?
11. Can I Sue My Ex for Retroactive or Back Child Support in Texas?
12. Child Support and College Tuition in Texas

Law Office of Bryan Fagan, PLLC | Houston, 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 essential to speak with one of our Houston, TX, child support lawyers right away to protect your rights.

Our child support lawyers in Houston are skilled at listening to your goals and developing a strategy to meet those goals during this trying process. Contact the 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 support cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, 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.

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.