Legal guidelines for calculating child support are available in Texas but a judge has some flexibility. Judges focus on the best interests of the child and expect both parents to continue supporting the child even after divorce. You can always request child support modification if your financial circumstances change for the worst and you are not able to make payments.
You cannot automatically stop paying child support because you lost your job or are underemployed because child support is not voluntary. But due to money problems or medical bills, some parents stop paying child support or make partial payments. Some parents stop paying as a strategy to get a better custody or divorce order.
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Who Pays Child Support?
How Is Child Support Calculated In Texas
Once the court decides which parent gets physical custody the parent who didn’t get physical custody becomes responsible for making child support payments. The paying parent is the non-custodial parent and is referred to as the “obligor”. These payments are for the upkeep of the child.
Certain formulas and guidelines determine the amount the non-custodial parent will pay. Factors considered in the calculation of child support amount include the obligor’s gross income, the custodial parent’s income, the number of children, and more.
Even if the parents reach an agreement on what amount the non-custodial parent should pay, a family court still has to approve the deal for it to be enforceable. The percentage paid as child support is determined once the obligor’s net income is calculated.
How To Calculate Gross Income For Child Support Payments
What Is The Child Support Percentage In Texas
Your gross income as far as child support laws are concerned includes all sources of your income. These include your wages, salary, commissions, overtime, tips, and bonuses. Even when you are jobless your severance payments, unemployment benefits, Social Security, worker’s compensation, or other benefits you may get will be considered as sources of income.
Other sources of income include alimony from a previous marriage, prizes, and gifts. Sometimes judges consider assets that you may not be using such as antique vehicles as sources of income. Parents that intentionally decide to stay unemployed or underemployed still have to pay child support. But the court will impute an income based on their earning potential, which means the figure they have to pay for child support may end up being higher than the one they would have paid had they been employed.
Calculating Annual Net Income
You obtain the annual net income when you deduct the following from your annual gross income:
- Union dues
- Social Security taxes
- Mandatory retirement plan contributions
- Federal income tax
- Health insurance premiums
- Medical expenses for the child
You should then divide the annual net income by 12 to obtain the monthly net income. The monthly net income will then be multiplied by certain percentages to determine how much you will pay per month.
What Is The Child Support Calculation Formula?
You should multiply the monthly net income with the following percentages based on the number of children your support:
- The percentage for 1 child is 20%
- The percentage for 2 children is 25%
- The percentage for 3 children is 30%
- The percentage for 4 children is 35%
- The percentage for 5 children is 40%
The percentages are only relevant if your net income is $7500 or less.
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