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How is child support calculated in Texas?

Post by Christopher Migliaccio

Child support is calculated with a state-mandated formula that takes several figures into consideration, including the income of the parent paying child support, as well as the number of children receiving support.

After the child support obligation has been figured and court ordered, the obligator’s employer will deduct the payment from the paycheck. The payment will then be transferred to the state child support enforcement agency, which will in turn give it to the recipient parent.

Some parents agree that the parent paying child support will make direct payments to the other parent. Self-employed parents may make direct payments. Also keep in mind that the schedule and type of payments can vary.

Factors that Affect Child Support Calculations

Several figures are taken into account when tallying child support payments. It begins with the paying parent’s income. When you’ve calculated the gross income, you can subtract allowable deductions including: 

  • income or self-employment taxes;
  • union fees; and
  • health insurance for the children. 

Then the resulting figure, referred to as your available net resources, is multiplied by a certain percentage, depending on the number of children who will receive support.

For instance, if you have one child, the paying parent will be obligated to pay 20 percent of his or her net income. Two children means a 25 percent obligation, three children means a 30 percent obligation, and so on. Texas places a cap of 40 percent of net income on child support obligations.

Additional Factors that Affect Child Support 

Texas courts use a basic formula for calculating child support because they feel it’s in the best interest of the children. In fact, all the important decisions the court makes in a custody or child support case are made with that basic premise, i.e., what is in the best interest of the child.

Texas Family Code, Section 154.123 notes that there are several additional factors the court can take into consideration when calculating child support. These factors may or may not cause the court to stray from the regular guidelines: 

  • the children’s age and needs;
  • the recipient parent’s net resources and earning potential;
  • child care or educational expenses;
  • alimony payments being made;
  • employee benefits and perks;
  • extraordinary expenses of the child;
  • travel expenses regarding visitation; and
  • any other factors the court believes will affect the best interests of the children. 

Child Support Attorneys at Warren & Migliaccio Help Parents in Dallas 

If you are in the midst of a divorce or child support case in Dallas, our attorneys can help. We help families through the legal system and seek out what’s in the best interests of our clients. We can help you tally important figures, help you navigate the confusing court system, and steer you aright during this transitional time.

Contact Warren & Migliaccio today to set up your free, no-obligation consultation call us at (888) 584-9614 or fill out our online contact form.

FAQ Category: Child Support

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If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form or call either our Richardson or Dallas location to schedule a free consultation. We’re happy to meet at your convenience. Contact our firm today for legal counsel from experienced attorneys.

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