Child Support Calculation

In Texas, all non-custodial parents are required to pay child support. The child support system is used to ensure that custodial parents have access to the funds that are necessary to provide their children with a suitable quality of life. Custodial parents of children under the age of eighteen or children that are still in school are eligible to receive child support payments from the non-custodial spouse. These payments can be made in a number of different ways including monthly payments, annuities or through the setting aside of property. Of these payment methods, by far the most common is making regular payments. If you are in the process of getting divorced or are newly divorced then you might not be aware of exactly how child support is calculated or why the system exists in the first place.

What Child Support is For

Child support is designed to ensure that custodial parents have enough money to raise their children. Typically, the custodial parent ends up with far greater expenses following the divorce. In the state of Texas, alimony amounts are rather limited and only paid to spouses that were married for a period of longer than ten years. Child support is therefore the custodial parent's only means to regular payment from the non-custodial spouse.

Nonpayment of Child Support

While some non-custodial parents are tempted not to pay child support, they should recognize that Texas state law protects a child's right to child support. It is possible to be jailed for nonpayment of child support. This would tend to be the last resort and is usually only used in cases where the non-custodial parent has made no attempt to pay. It is extremely unlikely that a non-custodial parent would be jailed for nonpayment when they are unable to pay.

Calculating Child Support

Child support calculation is a somewhat complicated process and while there are various child support calculators that you can access online, they are merely a guide. The best source of information regarding child support calculation is your "family law attorney." Your family law attorney will take you through a systematic process to come to a more exact figure.

Monthly Resources & Number of Children

As a rule, child support is calculated based on two variables, monthly resources and the number of children. Note that the first variable is monthly resources not income. There are clear distinctions between the two. Calculating the amount of child support that is owed based on resources is simple. It is the calculation of monthly resources that often becomes complicated. A parent of a single child is required to pay 20% of his or her monthly resources as child support.

• Number of Children

For two children, they will be required to pay 25%. For three children, the amount is 30%. For four children, one will typically pay 35%. For five children the amount will be 40%. For more than five children it will be an amount greater than is required for five children. The non-custodial parent will pay 20% for the first child and 5% for each additional child unless there are exceptional circumstances.

• Resources

Calculating resources is significantly more difficult. Monthly resources include both income and certain regular monthly expenses. The following sources of income are used to calculate your monthly resources: salary, severance pay, commissions, retirement benefits, overtime, pensions, tips, trust income, bonuses, annuities, dividends, capital gains, self-employment income, social security, net rental income, unemployment benefits, interest income, gifts or prizes, spousal maintenance and alimony. The state of Texas recognizes that a person's income might be made up of one or a number of these sources. Your income is the total that you earn each month.

• Monthly Income

From monthly income, certain expenses can be subtracted. Federal income tax may be subtracted from income, as too can any state taxes that are paid. Union fees, if you pay them, are deductible. You may also deduct any monthly health insurance costs. Once the deductions are determined, simply subtract the total amount that is deductible from the total income, apply the appropriate percentage and you will have successfully calculated child support. This is how child support is applied in most cases but it is worth noting that there are exceptions to the rule. Children with special needs, for example, may require additional child support. When calculating special needs cases, the court will be looking for an average monthly expense. It might be difficult to come up with an accurate average. In such cases, mediation may help both parties come to an agreement regarding additional child support.

• Transportation Fees

It is sometimes appropriate for a custodial spouse to apply for the inclusion of transportation fees to and from visitation. If the custodial spouse must provide transportation and those fees are not covered by the standard child support percentage then additional child support may be required. It should be noted that child support will be calculated from any child related expenses not parent related expenses. Technically the right to child support belongs to the child not the custodial spouse. This is largely the reason why it is difficult for a custodial spouse to waive the right to child support.

If making child support payments that are outside the typical monthly payment plan, whether it be by setting aside property, by making yearly payments or lump sum payments, it will be necessary to examine that they meet the requirements of the child. As long as they are in keeping with the amount that is required then it is likely that these methods will be approved.

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.

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