Child Support

In Texas, the nonprimary parent is usually required to provide support for their child or children through the payment of child support. The Texas Family Code provides a fairly detailed and structured framework for determining what is usually referred to as guideline child support. That is, the amount of child support that complies with the guidelines set out in the Family Code.

Unlike many other states, Texas does not generally consider the income of the person receiving child support in determining the amount that should be paid by the nonprimary parent.

The amount of child support that a person pays is based on that person’s net resources.

The first step in calculating how much child support should be paid is determining the net resources of the obligor parent. The first step in determining net resources is computing that person’s gross income from all sources on an annual basis and then recalculating to determine the average monthly gross income. Although this sounds relatively easy, finding the total gross income of an individual can be difficult. Sometimes, people who are obligated to pay child support are not forthcoming when it comes to all of their income. We are well-versed in all discovery tools that are useful in uncovering a person’s true income.

The second step in computing guideline child support is to reduce gross income to net resources by applying the deductions allowed under Chapter 154 of the Texas Family Code.

Finally, the person’s net resources are used to determine the amount of monthly child support they should pay under the child support guidelines. This is generally a percentage of the person’s net resources based on the number of children who are being supported, as well as any other children that the person is obligated to support. This number, guideline child support, is what is presumed to be appropriate in most cases.

Although child support in most cases is consistent with the child support guidelines, there are other factors that the court can use to deviate from the guidelines, including a child’s disability, the possession schedule for each parent, the wealth of one or both parents and other factors. We can help you determine if the child support in your case should be more or less than the guideline child support.