Why Contest Your Divorce? - FAQ's

Can the parties agree in writing to provide for the payment of child support that varies from the guidelines?

Child support is based on a percentage of the non-custodial spouse’s net income.  These percentages apply to the first $7500.00 of the net resources and for one child; it is 20%, two children 25%, three children 30%, and so on up to 50% of net resources or $3750.00 if there is $7500.00 in available net resources.

 “Net resources” is defined as the amount remaining after the proper amount of Federal income tax, Medicare and Social Security deductions are withheld. Health insurance for the children is also deducted from the gross since the non-custodial spouse must pay for the children’s health insurance as additional child support.     

The child support is the same regardless of whether the divorce is contested or not.  While these guidelines are presumptively in the child’s best interest, the court may order child support that varies from the guidelines if the court finds that application of the guidelines would be unjust or inappropriate under the circumstances.

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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757

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