Working through the complexities of child support can feel overwhelming, especially if you’re going through a divorce and may be required to make monthly payments.
At Parker & Aguilar, we understand the challenges you might be facing trying to determine what your future financial picture will look like. That’s why we’re here to help you make sense of child support in our state, including important details about the Texas cap on child support.
Use this resource to help you calculate potential child support and understand the laws that affect your situation. Remember that you’re not alone in this journey, as our family law attorneys are available to help protect your rights in divorce and child support cases.
Understanding Child Support in Texas
Child support in Texas is designed to ensure that children receive financial support from both parents after a divorce. The amount of support you may owe is determined by several factors, including your net monthly income and the number of children you are responsible for supporting.
How is Child Support Calculated?
Child support calculations are based on what’s outlined in the Texas Family Code. The calculation starts with your net monthly income, which includes employment income, rental income, and other sources of income.
From your gross income, certain deductions are made, such as federal income tax, social security taxes, and health insurance premiums for the child. Here’s a basic breakdown of how it works calculating child support.
- Determine your net monthly income:
- Employment Income
- Rental Income
- Other sources of income
- Apply any applicable deductions:
- Federal Income Tax
- Social Security Taxes
- Health Insurance Premiums for the Child
- Calculate the support based on the number of children:
- 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 or more children = 40% of net monthly income
The Texas Cap on Child Support Payments
Texas law also sets a cap on child support payments. This cap is based on the monthly net resources of the paying parent. Currently, the cap on monthly net resources is $9,200. This means that even if your net income exceeds this amount, child support will only be calculated based on $9,200.
For example, if you have one child, the maximum child support you may owe is 20% of $9,200. If you have two children, it would be 25% of $9,200. The more children you have, the higher the cap.
This is the standard situation, but there can be unique circumstances when blended families are involved.
Special Consideration: Multiple Family Guidelines
There are additional considerations if you have a household with multiple children from different partners or previous relationships. That’s why it’s important to note that a percentage is also deducted from child support for each child who is not the subject of the suit.
For example, if you have two children before the court (25% calculation), but one child with another partner who lives with you or you are obligated to support (not stepchildren, but adopted/court-ordered support/biological and in your household) your obligation to the two children is 22.5%.
The percentage varies depending on how many additional children there are as well as how many separate households (how many other partners) there are total. The Texas Family Code includes a schedule called the Multiple Family Adjusted Guidelines that can provide guidance on your potential obligations if your case fits this situation.
Factors That Influence Child Support
The calculations outlined in the Texas Family Code provide the standard judges can use when determining child support. However, several factors can influence the amount of child support you may owe.
These factors include the custodial parent’s income, the paying parent’s income, the needs of the child, and any special circumstances such as healthcare needs or educational expenses.
Additionally, any significant changes in financial circumstances – such as job loss or increase in income during the divorce – can prompt a closer evaluation of the child support arrangement.
Regardless of the situation, you should maintain regular communication with your family law attorney to ensure that you are aware of how these factors may affect your obligations. Then, together, we can make necessary adjustments accordingly.
At the end of the day, we tell our clients that the cap “depends on the circumstances.” A cap is not guaranteed by law, as it is a guideline judges use. We can help you formulate the appropriate plea for child support that best fits your situation.
The Role of the Office of the Attorney General
Many parents wonder how the Office of the Attorney General fits into the scenario. The Attorney General’s Office plays a significant role in enforcing child support orders. Their team ensures that child support payments are made on time and they can take legal action if payments are not made.
If you are ordered to pay child support and need assistance or have questions about your child support obligations, we can help you. We’ll get you in touch with the Office of the Attorney General to provide you with the necessary support to make sure you’re fulfilling your obligations based on the amount of child support you are ordered to pay.
- Resource: you can use their handy Monthly Child Support Calculator to ensure you pay the appropriate amount of child support each month.
Work With Us for Child Support Legal Matters
When dealing with child support issues, consulting with family law attorneys can be very helpful. An attorney who understands Texas child support laws can provide personalized advice and ensure your rights are protected.
Our attorneys will help you understand how child support should be calculated in your situation, make sure your obligation does not exceed the Texas cap on child support, and represent you in court if necessary.
If you’re facing challenges with child support or need legal assistance, don’t hesitate to reach out to a qualified attorney. Our expertise can make a significant difference in navigating the complexities of child support law.
We currently represent parents in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact our Angleton office at 979-267-7660 or our Sugar Land office at 281-944-5485 to speak with one of our attorneys.
Let’s review your situation so that you can better understand your financial future.