Child Support

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 you are entitled to receive or obligated to pay. The statutes also provide for factors that can later the clear, mathematical determinations. As a family law attorney with more than 35 years of experience, I can explain how Texas child support guidelines work.

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
Federal income tax withholding as if you were a single person claiming one exemption and the standard deduction
The medical insurance premium for your children only (not including your spouse or yourself)

Once you do those subtractions, you are left with a dollar amount that is known as your "net resource." You then multiply that 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, child support payments are limited by capping the amount of net resource that is used to determine child support. Net resource is currently capped at $6,000 a month, which means that the maximum child support for two children is $1,500 a 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 a month (25 percent of $7,500). The payer of child support also is required to pay for the child's health insurance.

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 show a need. 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 change in a material or substantial way. 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.