In the unfortunate situation that someone needs child support, it can be helpful to know the basics of the law. Child support may be needed after a divorce or when two parents split in a non-married relationship.
Each state has different laws, so it’s important to know what the laws in Texas are specifically. In this article, we’ll briefly go over the basics of Texas child support law.
Basics of Texas Child Support
In a typical child support case, one person will have primary possession of the child and one person will pay the child support. The person who has primary possession of the child is called the “obligee”. The person who pays child support is the “obligor” and, as the name would suggest, is obligated to provide for the other individual.
Texas law may dictate that one or both parents provide for the child, depending on the case. The child support will likely continue until the child turns 18 or has graduated from high school. Other factors that may affect the duration of child support are marriage, disabilities of the child, or death of the child.
Unlike the other two factors, disabilities could entail an indefinite child support duration, but it is highly dependent on several other factors.
Child Support Payments in Texas
Texas law uses a set of “Guidelines”, or set of basic calculation factors that courts and judges can make when determining the amount of child support needed. The Guidelines are simply a guide, however, and courts have a lot of discretion in how they use them. The Guidelines are split into two categories: net income above $7,500 and below $7,500.
As most people fall under $7,500, they’ll follow a simple system expressed below.
- 1 child – 20% of net monthly income
- 2 children – 25% of net monthly income
- 3 children – 30% of net monthly income
- 4 children – 35% of net monthly income
- 5 children – 40% of net monthly income
- 6 children – no less than 40% of net monthly income
For net monthly income above $7,500, the same calculations will be applied but more child support can be asked for based on a number of factors like school costs, tutoring, medical bills, and so on. These extra expenses must be proven to be rewarded, however.
Net Monthly Income Calculations
The net monthly income calculations are actually pretty simple. The courts determine your entire net worth: assets, wages and salary, dividends, royalty income, self-employment income, and all other income or assets like unemployment, social security, severance, and other income will be factored in. Once this gross income is determined, the resources will be divided by 12 (for each month in the year). Finally, taxes, union dues, and health insurance for the child will be deducted, which determines the net monthly income.
Choose Quiñonez Law For Your Child Support Case
If you feel you or someone you know will need child support services, contact our law firm today! With years of experience dealing with child support cases, we can help you get the results you deserve!