Embarking on a Texas divorce raises many questions, with one of the foremost being the calculation of child support. With our detailed guide, you’ll gain insights into using an ‘alimony Texas calculator’ to navigate this crucial aspect of your divorce proceedings efficiently. Stay informed and prepared for this significant transition.
If you and your spouse haven’t resolved all issues in a divorce, your Texas divorce will likely be “contested”. In contested cases that reach court, the Judge will use the family code to calculate child support. This information helps you calculate child support to set your expectations. The following information will help you calculate child support so you know what to expect.
Texas Family Code 154.001. SUPPORT OF CHILD.
(a) The court may order either or both parents to support a child in the manner specified by the order:
- The child reaches 18 years or graduates from high school, whichever is later;
- The child marries, has a court order removing disabilities of minority, or other legal emancipation;
- The child passes away;
- Or, for an indefinite period if the child is disabled as defined in the chapter.
Alimony Texas Calculator: Step 1 – Determining Net Income
To calculate child support you must first calculate net income. Generally, it is helpful to refer to the tax charts for the current year put out by the Texas Attorney General. Consult the tax charts for the current year from the Texas Attorney General. These charts include:
- A chart for use with employed persons and
- A chart for use with self-employed persons
When using one of these charts you will find your gross monthly income on the chart. To the right are four sets of numbers. Find your gross monthly income on the chart. The chart lists taxes deducted from gross monthly wages and your “net monthly income” for child support calculation.
There is a Cap on Net Income for the Purposes of Child Support
In Texas, child support calculation uses a percentage of the paying parent’s net income, capped at the first $8550/month.
If No Net Resources
If the parent paying child support has no net resources, the court can impute income equal to minimum wage under Texas Family Code Section 154.068.
- “In the absence of evidence of a party’s resources, as defined by Section 154.062(b), the court shall presume that the party earns income equal to the federal minimum wage for a 40-hour week for applying the support guidelines.”
Alimony Texas Calculator: Step 2 – Calculating Child Support
Calculating child support in Texas is fairly straight forward. Once you know your net monthly income per month a percentage of it will go toward child support. This percentage is based upon how many children are before the court.
Support Percentage
Number of Children | Support Percentage |
1 | 20% |
2 | 25% |
3 | 30% |
4 | 35% |
5 | 40% |
Example 1 – Children Living in One house hold
Assume DAD has three children. Three live with the MOM. DAD’s monthly net resources are $4,000. DAD’s child support for the child before the court is calculated as follows:
Step 1 – The percentage of DAD’s monthly net resources for the three children living in the same household is 30%, or $1,200 ($4,000 x 30%).
Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES.
(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $8,550 or the adjusted amount determined under Subsection (a-1), whichever is greater.
(a-1) The dollar amount prescribed by Subsection (a) is adjusted every six years as necessary to reflect inflation. The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment. The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect. For purposes of this subsection, “consumer price index” has the meaning assigned by Section 341.201, Finance Code.
Step Down Provisions
If you have more than one child, the amount of child support will change over time. For example, if you have two children, the parent paying child support will most likely be paying 25% of their net resources as child support. When the first child graduates from high school the parent would start paying 20% of their net resources as child support.
Child support can be used at the discretion of primary parent. The parent who pays child support has no say on how that money is used.
Final Thoughts
In conclusion, understanding the ins and outs of child support calculations is crucial for anyone going through a divorce in Texas. Utilizing an alimony Texas calculator can provide clarity and help you prepare effectively. Remember, this tool is a starting point for informed discussions and decisions during this pivotal time.
Ebook
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”
Other Articles you may be interested in:
- Can I get child support while my Texas divorce is pending?
- Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas?
- Can I Sue My Ex for Retroactive or Back Child Support 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
- Can I get child support and custody of my kids in Texas if we were never married?
- Child Custody Basics in Texas
- 6 Mistakes that can Destroy Your Texas Divorce Case
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyers
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 one of our Spring, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring 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 Divorce cases in Spring, Texas, Cypress, Spring, 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.
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.