In a Texas divorce, a common concern is how child support will be provided by the non-custodial parent. Many wonder, “How is child support determined in Texas?” This crucial question involves factors such as both parents’ incomes, the child’s needs, and the custody arrangement. Additionally, people often ask, “Does the custodial parent’s income affect child support?” Understanding these key elements helps clarify how financial support is calculated and ensures the best interests of the child are met.
For clarification, in Texas, the term “custodial” refers to the parent with whom the child primarily lives. The “non-custodial” parent has specific visitation times. When clients come to the Law Office of Bryan Fagan, PLLC with such inquiries, our explanations are consistent with the information provided in the blog post that follows.
Parents Have a Duty to Care for Their Children
It is a given that all parents have a duty to care for their children. I’m sure we all know some parents whose actions may differ from this concept. As a general rule, however, the State of Texas believes that even if you rarely see your child, you have a duty to support them.
Section 151.001 of the Texas Family Code holds that it is the duty of the parents to support their children by providing them with food, shelter, clothing, medical care, and education. This brings us back to the questions raised in the opening paragraph: who will pay the support, when should they pay it, and how much should they pay?
How Much is Child Support in Texas?
Most parents can determine child support using the Texas Family Code based on the number of children involved. For example, for one child, the non-custodial parent will need to pay 20% of their net income in child support. For two children, 25% of their net income needs to be paid, etc.
The non-custodial parent can receive “credits” for support owed to other children not involved in this divorce. However, typically, the percentages mentioned above apply to most families.
What Income Is Considered for Child Support in Texas?
What sources of income are considered? The following are considered fair game when calculating child support:
- all wages and salary income
- overtime pay
- commissions
- tips
- bonuses
- net rental income
- self-employment income
- interest, dividends, and royalty income
- other income which includes severance pay, retirement and pensions, trust income, annuities, social security benefits, capital gains, unemployment, disability and workers’ compensation, gifts and prizes, spousal maintenance, and alimony
What if the Parent Paying Child Support Is Unemployed?
The next question at this point in the discussion may be: what happens if:
- the non-custodial parent isn’t working or
- has purposefully “underemployed” him or herself- meaning they have chosen to work a job where they earn less income than they are able to elsewhere.
In situations such as these, the court can impute additional earnings if they believe the foregoing to be true- that someone is purposefully under-employing themselves in order to avoid having to pay a certain amount of child support.
This is done through either applying the earnings that the court believes the person is capable of earning or simply applying for support at the amount of what the federal minimum wage level based on the standard 40-hour work week.
Child Support Deductions?
When it comes to what is taken out of your income, there are taxes, exemptions, and other allowable items that are deducted prior to arriving at the net income level that the child support will be assessed against. These items include:
- federal income taxes (based on a single person’s tax filing along with one exemption/standard deduction)
- union dues
- social security taxes
- Medicare taxes
- Health insurance costs paid for the children only
- nondiscretionary retirement plan contributions if not covered by Social Security
- Certain other resources are excluded from resources available for child support calculation purposes including
- accounts receivable
- Welfare payments
- payments received for foster care of a child
- return of principal or capital
Child Support Income Cap
Some non-custodial parents’ net resources are relatively high. The State of Texas will cap that income, whatever the amount, at $8,550.
The caveat to this rule is that if the court proves the child’s needs are greater than the maximum allowable monthly support obligation, it may proportionately increase the child support responsibility.
The court can order one or both parents to pay the difference between the guidelines support detailed above and the amount that the special needs child requires. The judge, however, cannot order more than the presumptive amount of support or 100% of the child’s proven needs. The parents can always agree to pay more support than a judge would require, aligning with our office’s general principle that mediation/settlement is the best approach to resolving divorce issues.
Conclusion
When navigating child support issues during a Texas divorce, it’s essential to understand how both parents’ financial situations are considered. A common question is, “How is child support determined in Texas?”
While both parents’ incomes are evaluated, the custodial parent’s income does play a significant role. This income can influence the final child support amount, ensuring it aligns with the child’s needs and helps maintain their standard of living. Ultimately, the goal is to create a fair and balanced arrangement that supports the child’s well-being.
Ask the Houston Divorce attorneys at the Law Office of Bryan Fagan, PLLC. Our lawyers are not only knowledgeable about the laws that apply to divorce cases in Texas but are advocates for our clients and their families. Our office and its attorneys are available to answer questions about child support and a multitude of other family law issues.
Other Articles you may be interested in:
- Child Support in Texas: From Guideline Levels to Ending Obligations and Everything In Between
- Know How to Calculate Child Support When Preparing for Your Texas Divorce
- What exactly does child support cover in Texas?
- Child Support and College Tuition in Texas
- Texas Child Support Appeals
- In Texas are Child Support and Visitation Connected?
- Why Ignoring Child Support Obligations is a Bad Idea in Texas
- Texas Child Support – Trust and Annuities
- Special Needs Children in Texas Child Support Cases
- How to get above guideline child support.
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with a Spring, TX Divorce Lawyer right away to protect your rights.
A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
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.
