Reasons why Child Support in Texas may not follow the Statutory Guidelines

Child support in Texas does not always strictly follow the statutory guidelines, especially when unique circumstances justify a different outcome. In certain cases, courts may determine that the standard amounts set by the Texas Family Code are not sufficient to meet a child’s specific needs. This article explores the key factors that can prompt a judge to deviate from the statutory guidelines and award child support above the typical levels, helping parents understand when and why higher support obligations may apply.

When Standard Child Support Guidelines Fall Short

One size fits all is an approach that doesn’t work for blue jeans, and in the world of child support. The Texas Family Code has laid out its prescribed levels of child support that, for the most part, courts adhere to when divvying out child support orders.

Starting at 20% of a parent’s net monthly resources for one child and going up to 40% for five or more children, our State Legislature has prescribed these support levels as appropriate for Texas Families. The belief is that even if parents are not living together, each should bear a portion of the burden of raising their child or children.

However, in certain situations, a baseline of support will not suffice. If you are the parent of a child whose circumstances call for more support than the guideline levels of support as proscribed by State law, then this blog post will be of interest to you. In it, we will go through the circumstances that may lead a court to believe that an above-grade amount of child support is necessary.

Factors for a Court to Consider Whether to Award a More Significant Than Guideline Amount of Child Support

A court may award a greater or lesser amount of child support based on several factors, which we will outline below. After each, I will give a brief example or comment on how each could apply to your family.

Each Parent’s Ability to Contribute to the Child’s Support

Suppose you are in a situation where your ex-spouse earns much more income than you do, yet you are the child’s primary conservator. In that case, a court may believe that it is in your child’s best interest for your ex-spouse to pay a higher than guidelines level of support.

The Age and Needs of the Child

The costs associated with raising a child differ at different ages. If your child is starting school at a private school, then your circumstances may call for an increased amount of child support.

Suppose you think that a private school is a choice when a public school is readily available and costs nothing above the taxes you pay to attend. In that case, I will let you know that Texas courts have ruled that private schools can factor in when determining what level of child support to award a parent.

Either Parent Takes on Debts

How parents divide the community estate in their divorce can also impact the child support award. Here, a court may determine that because the primary conservator received more debt responsibility from the divorce than the possessory conservator, the appropriate amount of child support exceeds the typical guidelines contained in the Texas Family Code.

Each Party’s Period of Possession and Access to the Child

Due to distance and other factors, your child may not only live with you primarily but may also spend the majority of their weekends and holidays with you as well. While this is terrific from a time well-spent perspective, it can be challenging to care for a child continuously with only a baseline level of child support.

In situations like this, your child’s other parent may be expected to pay more in child support to make up for the fact that your child is not in their possession, but a weekend per month or less.

Whether You or Your Child’s Other Parent Are the Managing Conservators of Other Children

This is a factor that could increase or decrease the amount of child support to be paid. If you are not only the managing conservator of the child before the court but also two other children who are not, your court may review the circumstances a little more stringently to determine if a more significant than guidelines level of support is justified.

On the other hand, if your ex-spouse pays child support for your child and has another child to which they are the managing conservator, then the amount of support you receive may be less than the guideline level. The guidelines dictate that if your ex-spouse is not the managing conservator of another child but pays support, the court will decrease your child support by 2.5% for each child not presently before the court.

Travel Costs Associated With Exercising Possession and Access to the Child

If your child’s other parent travels great distances and pays high costs to take advantage of the time awarded in your divorce decree, the court may offset the support you receive by an appropriate amount. I have never seen this circumstance arise in a case, but that’s not to say it isn’t possible.

The bottom line is that the court must act in the best interests of your child and has tremendous discretion to deviate from the guideline levels of support as laid out in the Texas Family Code.

Ultimately, understanding how and why courts may depart from statutory guidelines is essential for parents navigating child support disputes in Texas. When a child’s needs or a parent’s financial situation fall outside the norm, judges have the discretion to tailor support orders to achieve a fair and practical result. By recognizing the role of statutory guidelines and the circumstances that justify deviations, parents can better prepare their cases, set realistic expectations, and advocate effectively for outcomes that truly serve the best interests of the child.

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

To learn more about child support and the factors considered when determining a payment amount, please get in touch with the Law Office of Bryan Fagan, PLLC, today.

We realize that your circumstances may not have been covered in this blog post, and we would be happy to schedule a free-of-charge consultation to discuss your questions.

One of our licensed family law attorneys will meet with you, go over your particular situation, and discuss the circumstances we can offer you and your family.

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Other Articles you may be interested in:

1. What Is Child Support in Texas? Essential Guidelines and Facts
2. Calculating Texas Child Support with Military Pay: Essential Guidelines & Tips
3. Understanding Texas Family Code Child Support: Guidelines and Insights
4. The Dirty Trick of Quitting Your Job to Avoid Child Support During a Texas Divorce
5. Can I get child support while my Texas divorce is pending?
6. Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas?
7. Can I Sue My Ex for Retroactive or Back Child Support in Texas?
8. Child Support and College Tuition in Texas
9. Texas Child Support Appeals
10. In Texas, are Child Support and Visitation Connected?
11. Why Ignoring Child Support Obligations is a Bad Idea in Texas
12. Can I get child support and custody of my kids in Texas if we were never married?

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 essential 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 the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.