Child Support
Child support is typically ordered in nearly every proceeding involving children. Under Texas law, both parties have a duty to support their children. If the children live primarily with one parent, then the other parent is generally going to be ordered to pay child support until the child graduates from high school. Call the Carroll Law Firm for a free 30 minute consultation with Attorney, Lynn Carroll at 214-749-7777.
In Texas child support can be ordered by a Court to be paid by either or both parents. Typically, a Court only orders child support from one parent, but in a situation where neither person has custody because another family member or agency has possession of the children, a Court can order child support from both. The law related to child support in Texas is contained in Chapter 154 of the Texas Family Code. Each state has its own regulations regarding child support and if you live in a different state you should consult the laws for that state.
Beginning Child Support-Child support cannot begin until an order is entered that creates the parent-child relationship or recognizes that there is such a relationship. This typically is done through either a divorce or paternity action. A person can seek retroactive child support. However, if retroactive child support is not sought by the attorney in the initial motion, then the Court does not award it and it is not available in subsequent court actions.
How Long Does It Last-Under Texas law child support is typically ordered until the earliest of the following:
(a) the child is adopted;
(b) the child’s 18th birthday;
(c) the removal of the child’s disabilities of minority by Court order, marriage, or other operation of law;
(d) the child’s death.
Disability of a Child-If a child is disabled child support can be continued indefinitely. Such a determination will be made by the Court.
Calculation of Child Support-In Texas child support is calculated based on a person’s net resources. Resources include the following:
(1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
(2) interest, dividends, and royalty income;
(3) self-employment income;
(4) net rental income; and
(5) all other income actually received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and worker’s compensation benefits, interest income, spousal maintenance and alimony.
The court is then supposed to deduct the following items from resources to determine the net resources available for child support:
(1) social security taxes;
(2) federal income tax based on the tax rate for a single person claiming one personal exemption and the standard
(3) deduction;
(4) state income tax;
(5) union dues; and
(6) expenses for health insurance coverage for the obligor’s child.
The amount of child support is generally determined based on a percentage of your net income. The percentage that is used depends on the number of children that are involved.
For example:
1 child– 20% of net resources,
2 children— 25% of net resources
3 children— 30% of net resources
4 children— 35% of net resources
5 children— 40% of net resources
6 +children—not less than the amount for 5 children