frequently asked questions about Child support

  | 1 |     How is child support paid?

  | 2 |     What is the first step in the child support process?

  | 3 |     How does The State of Texas calculate child support?

  | 4 |     How does The State of Texas determine net monthly income?

  | 5 |     What is considered net monthly income?

  | 6 |     Can the court bend the standard guidelines for my situation?

  | 7 |     Who is responsible for medical costs?

Child support is generally garnished from the obligors wages and remitted to the Texas Child Support Disbursement Unit. The Texas Child Support Disbursement Unit then remits the support to the recipient the obligee.

First, a parent or other person must be granted legal custody of the child. The legal custodian of the child, usually a parent, will then be granted child support. The person ordered to pay child support is called an obligor. Custody and child support can both be established in the same proceeding. Click here for more information about custody.

Generally, child support is calculated by applying guidelines set forth by the Texas Family Code. The guidelines provide that the custodian shall receive 20% of the obligor’s net monthly income using the obligors first $7,500 of net monthly income. The percentage increases for more than one child as follows:

• 2 children 25%
• 3 children 30%
• 4 children 35%
• 5 children 40%
• 6 children at least 40%

Net monthly income is calculated by adding together all of the obligors monthly resources, and deducting the following: social security taxes, federal income taxes (based on the tax rate for a single person claiming one exemption and the standard deduction), state income tax, union dues, health insurance premiums for the child.

Net monthly income includes overtime pay, wages, salary, tips, bonuses, commissions, interest, dividends, royalty income, self-employment income, net rental income, severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability benefits, workers compensation benefits, interest income from notes, gifts, prizes, spousal maintenance and alimony.

The Court may bend the guidelines if it finds that doing so is in the best interest of the child. Some of the factors the Court may consider are:

1. Any financial resources available for the support of the child
2. Any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.
3. Any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.
4. Debts or debt service assumed by either party.
5. Positive or negative cash flow from any real and personal property and assets, including a business and investments
6. Provision for health care insurance and payment of insured medical expenses.
7. Special or extraordinary educational, health care, or other expenses of the parties or of the child.
8. The ability of the parents to contribute to the support of the child.
9. The age and needs of the child.
10. The amount of alimony or spousal maintenance actually and currently being paid or received by a party.
11. The amount of other deductions from the wage or salary income and from other compensation for personal services of the parties.
12. The amount of the obligee’s net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee.
13. The amount of time of possession of and access to a child.
14. The cost of travel in order to exercise possession of and access to a child.
15. The expenses for a son or daughter for education beyond secondary school.
16. Whether either party has the managing conservatorship or actual physical custody of another child.
17. Whether the obligor or oblige has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity.

If health insurance is available through one of the parent’s employment, that parent will be ordered to provide the health insurance for the child. Generally, both parents will be responsible for any of the child’s health costs not paid by insurance, such as co-payments, deductibles and prescriptions.