Every Texas parent has an obligation to provide support for their children. For non-custodial parents, this usually comes in the form of direct monetary payments. The State provides a formula for calculating your support obligation, although a judge can deviate from the suggested amount.

If you have questions about how these calculations work, let the team at Barton & Associates Attorneys at Law, PLLC, help. It is possible that the amount recommended by this formula is less or more than what is actually appropriate. 

Who Pays Child Support?

The parent who does not have primary possession of their minor child is required to pay their co-parent monthly child support. This obligation exists regardless of whether or not visitation rights have been granted.

The obligation to provide child support remains in place until the child reaches the age of 18 or when they graduate high school, whichever is later. The requirement to pay could be extended indefinitely for children living with disabilities.

How Child Support is Calculated

When calculating the child support obligation, the State first considers every source of income. The total earnings of the non-custodial parent are combined as part of this process. In addition to salary, wages, and tips, this also includes:

• Retirement benefits
• Gifts and prizes
• Rental income
• Alimony
• Royalty income
• Self-employment income
• Trust income

There are some types of income that are not counted, however. For example, foster care payments and federal benefits are not considered a source of income. After tallying up all of the income, the State subtracts several items, including:

• State and federal taxes
• Union dues
• Certain retirement plan contributions
• The cost of health or dental insurance for the children

At this point, the formula calculates the support obligation and adjusts it by the number of children you have. This comes up with a set amount of support owed each month.

• 1 child: 20% of the non-custodial parent’s net income.
• 2 children: 25% of net income.
• 3 children: 30% of net income.
• 4 children: 35% of net income.
• 5 children: 40% of net income.
• 6 or more children: Not less than 40% of net income.

Note: These percentages are guidelines, and the court can adjust them if there are special circumstances, such as high medical expenses, special needs, or extraordinary income.

Sample Scenario

John and Sarah are divorcing, and they share two children. John works as an engineer with a monthly salary of $7,000. He also earns $500 from a rental property each month and receives $200 from self-employment on the side. Additionally, he receives $100 monthly in royalties from a book he wrote. In this sample, John’s income is $7,800 per month.

Now, we must subtract any allowable deductions. John’s deductions include: $1,500 for federal and state taxes, and $200 for the healthcare plans of his children.

After the deductions, John’s adjusted income is $6,100.

Based on the child support guidelines for two children (25% of net income), the formula determines that the total monthly child support obligation is $1,525. 

These Calculations Are Suggestions

The court will take the calculations into consideration, but they are not obligated to use them. A judge may order higher or lower monthly payments if they determine that it is in the child’s best interests to do so. There are certain factors that must be present for the judge to deviate from the guidelines, like a child’s special needs or unusual issues surrounding a parent’s earning capacity.

Talk to Barton & Associates Attorneys At Law, PLLC, About Calculating Child Support

There are a lot of factors to take into account when it comes to calculating child support in Texas. The formula considers most of your income and compares it to certain obligations before suggesting an appropriate monthly payment. However, the judge has the ability to deviate from these recommendations in some cases.

The attorneys of Barton & Associates Attorneys at Law, PLLC, can help you calculate your suggested child support and advise you on the chances the court might deviate from those recommendations. Contact us as soon as possible to get started.