Houston, Texas, Child Support Lawyer
In Texas, determining child support in a divorce is, in general, a mathematical process. State law provides charts and formulas that explain how much child support the custodial parent is entitled to receive for the benefit of the child or the amount of child support a parent obligated to pay. The statutes also provide for factors that can later affect the amount of child support. As a family law attorney with more than 38 years of experience, I can explain how Texas child support guidelines work. If illness or job loss has affected your ability to pay child support (or created a need for more if you are the custodial parent), I can prepare and file a request for a modification to your child support agreement or order.
If you have questions concerning child support, contact Leonard M. Roth, Attorney at Law today to schedule an appointment and learn how I can help you protect your interests and those of your children.
Calculating Child Support in Texas
Child support is based on your gross income from all sources. Once you have calculated your gross income, you can deduct only three things:
- 100% of your Social Security withholding
- 100% of you federal income tax withholding as if you were a single person claiming one exemption and the standard deduction, and
- The medical insurance premium cost for your child or children only (not including your spouse or yourself)
Once you do those subtractions from gross income from all sources, you are left with a dollar amount that is known as your "net resource." THIS IS NOT NET. You then multiply the net resource by a percent based on the number of your children:
- One child - 20 percent
- Two children - 25 percent
- Three children - 30 percent
- Four children or more - 35 percent
Under Texas law, the monthly child support net resource figure that is used to determine child support is capped. Net resource is currently capped at $6,000 a month, which means that the maximum child support for two children is $1,500 per month (25 percent of $6,000). Starting September 1, 2007, the net resource cap will increase to $7,500 a month, which means that the maximum child support for two children will be $1,875 per month (25 percent of $7,500). The payer of child support is also required to pay for the child's health insurance premium, because the payor is allowed to deduct that cost from gross income from all sources in determining net resource.
Child Support and a Child's Needs
Child support in Texas typically doesn't even pay for half of a child's or children's needs. Courts can increase the amount of child support if the primary joint managing conservator can prove by competent evidence that there is a need for additional child support above the cap. There are factors that the court can use to adjust the child support up or down.
Child support can be modified after divorce, if the financial circumstances of the paying party, the receiving party or the child or children have material or substantial changed since the order to be modified. For more information, see our child support modification page.
Contact me today if you are looking for a board-certified family law attorney who will provide you with experienced counsel and personal attention to your needs. I serve clients in Houston, Texas, and all surrounding communities.