How Child Support Is Determined In Texas
When you were married to your spouse, you most likely both contributed to your children’s well-being and support. That responsibility does not end when your marriage does. Under Texas law, the noncustodial parent (the parent who is not the primary care-giver after the divorce) is obligated to pay child support to the custodial parent until their child reaches age 18 or graduates from high school. The attorneys of the Eggleston Law Firm, PC, based near Austin, can provide lawyers experienced in family law matters who can guide you through establishing or modifying a child support order approved by the court.
Calculating Child Support Payments
The state of Texas provides some general guidelines for the calculation of child support payments, which include:
- The standard for payments starts with 20 percent of the noncustodial parent’s net income for the couple’s first child. This increases by 5 percent of income for each additional child up to the fifth child, with a cap of no more than 40 percent of the noncustodial parent’s income.
- The court will consider in its calculations any special costs required by the child/children, including unusual medical costs, tuition, tutoring, or recreational activities.
- The court will take into consideration any previous child support orders when calculating a value for the current case. The total of all child support payments should not exceed 40 percent of net income.
- If the noncustodial parent is unemployed, they have the legal right to dispute the total value for their child support payments. The court reviews specific factors and determines if the value presents a financial hardship for the parent.
- If the noncustodial parent receives an increase in income after the divorce is final, the primary parent may petition for an increase in child support. However, the court does not monitor the noncustodial parent’s income, and this process is not automatic.
Whether you are the noncustodial or custodial parent, our child support lawyers can guide you through this crucial part of the divorce process and ensure both you and your children’s interests are protected.