How to Calculate Child Support in Texas
In Texas, child support is calculated based on a percentage of a non-custodial parent’s income. It also accounts for the number of children shared between two parents. While there are clear guidelines regarding how much a party might need to pay, the calculations can be complicated. Whether you are trying to determine your child support responsibilities or want to know that you’re recovering the income you need to support your child, you should be working with a San Antonio child support attorney. Your lawyer can review your case in detail to protect your legal rights as you go through your divorce proceedings and negotiate child support.
How is child support calculated in Texas?
What you pay or receive in child support depends, in part, on the number of children you have. Texas child support amounts range from 20% of a non-custodial parent’s net income for one child to 40%, depending on the number of children. However, there is a cap for particularly high earners.
A judge will carefully review a non-custodial parent’s net income and other resources before deciding on a child support amount. The Texas Office of the Attorney General provides a monthly child support calculator. You can use this tool to get a good idea of the amount you could be ordered to pay or receive from the other parent.
If you are involved in a high-conflict divorce, get legal help right away. A child support lawyer can understand how difficult it can be to stay afloat financially during this time and will want to protect you and your kids. Your attorney’s role is to prioritize your best interests and legal rights.
What determines child support in Texas?
Per Texas Family Code section 154.125, the Office of the Attorney General determines child support every six years. The office accounts for inflation as it decides on what would be considered a reasonable amount for one parent to pay another for a child’s expenses.
Along with this, a judge may account for a non-custodial parent’s current and future earnings as they decide what should be required for child support. They may use pay stubs and other financial documents to see what a parent has earned previously. This can help the judge project the parent’s future income and make sure that this individual can cover child support payments.
Can a judge deviate from child support guidelines?
Child support guidelines are not set in stone, but a judge will typically follow them. Reasons why a judge could order child support payments that differ from those recommended by state guidelines include:
- A non-custodial parent is unemployed or underemployed
- Either parent receives spousal maintenance
- A child has special needs
In most cases, a judge will stick with the state guidelines for child support payments. However, if you have compelling evidence to show that your child support payments should be less than these guidelines or that you should receive more than what they suggest, share it with your lawyer.
Tips to help you with your child support case
It is best to work with a lawyer who has plenty of experience with child custody and support cases. Your lawyer will need to carry out several important tasks. Some of the things to keep in mind when you speak to your attorney include:
What evidence do you need
Saying you should only have to pay a certain amount of child support or deserve a specified total is not enough to get the court on your side. Your lawyer can help you collect financial documents and other proof to strengthen your argument. If you have an abundance of proof, it becomes difficult for the other parent to argue against you.
Determine realistic expectations
You may think that the child support system is unfair or skewed in the other parent’s favor. Regardless, accept the system for what it is. Your lawyer can give you insights into this system and how it works. They cannot change the system, but they can help you get the best results out of it.
Get ready to present your argument
If you and the other parent cannot come to terms regarding child support, you may have to go to court. Your lawyer can help you prepare. They can describe the questions you may receive and how the judge may handle your case. This helps you enter the courtroom confident and ready for anything that comes your way.
Keep the lines of communication open with your lawyer throughout your litigation. If you have legal concerns or questions, ask your lawyer to address them.
Should you hire a lawyer to help you with child support in Texas?
You are not legally obligated to hire a lawyer to assist you with child support in Texas. But working with an attorney means having someone there to protect your rights.
Grable Grimshaw PLLC has years of experience with child support cases. Our team works closely with you to make sure you are fully supported throughout your legal proceedings. No matter what happens, we work hard for you, your children, and your future.
Give us the opportunity to assist you with your child support case. For more information or to request a consultation, contact us today.