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Child support is likely one of the most important yet complex issues parents have to deal with in the case of separation or divorce. Understanding how child support is estimated in Texas, will go a long way in making sure both parents contribute duly and equitably toward supporting their children. This guide seeks to help in understanding the process and computation involved in the establishment of child support, whether receiving as a custodial parent or paying as a non-custodial parent, for the year 2024.
Below you will find a step-by-step description of how child support is determined in Texas-specific considerations being made for Austin-so you can know what to expect and prepare yourself for this part of your co parenting experience.
Child support is a financial payment ordered through a court of law from one parent to the other parent to contribute to the welfare of the child. All this assistance helps the child in having his/her needs met, inclusive of food, cloth, shelter, education, health and other expenses needed for his/her survival.
In Texas, the goal of the child support is to ensure that the standard of living of the child is upheld as well as provided for the child’s best interest.
It gives the child financial stability and minimizes the financial effects resulting from divorce or separation.
It ensures the sharing of child-rearing financial responsibilities between the two parents, even when the parents are no longer together.
Legal Protection for Both Parents: The intervention of the court makes it fair, regular, and legally binding. Hence, this addresses the rights of both the paying and receiving parent.
Texas child support laws are controlled under the Texas Family Code, which has control over how much in support payments will be according to the income of the non-custodial parent and how many children there are. In the case of trying to use the amount of support, the State uses a multi-factor formula in trying to come up with an applicable amount of support; this is done as an attempt to make sure the financial needs of the child are met.
There are many factors that are considered in child support calculation in the state of Texas. Some of these are:
Income of the Non-Custodial Parent: The most influential factor in child support is that of the income of the non-custodial parent, or the parent not having the primary custody of the child.
Number of Children: The amount of children falling under a specific support increases with the number of children.
Custody Arrangements: The time each parent spends with the child can be a factor in determining child support calculations. Texas is generally based upon guidelines related to income, but it can still consider custody arrangements in many ways.
Texas law also provides that medical and health insurance for the child must be provided by the noncustodial parent when available at a reasonable cost. That cost is added into the overall calculation of support.
Special Needs or Extraordinary Expenses: When the child has special needs or extraordinary expenses – such as medical or educational costs – the court may adjust the amount of support.
Other Children or Obligations: This applies in jurisdictions where the non-custodial parent has other children, which he is legally liable to support. In such a case, the amount he may be ordered to pay in support for the child at issue can be decreased.
The following is the actual step-by-step process to work out child support in Austin, Texas, using the new guidelines for 2024.
To be able to calculate child support, one has to be able to determine the gross income of the non-custodial parent. Gross income, in this regard, is supposed to include all sources of income that one acquires and these include:
Exclusions: The following are some of the types of income that are excluded in arriving at the calculation, to wit: federal public assistance, foster care payments, and accounts designated for the child.
After the gross income is arrived at, certain deductions, as dictated by Texas law, are subtracted to determine the net resources of the non-custodial parent on which the amount of support shall be calculated. The following are the deductions that may be subtracted:
The amount after all these deductions is the net resources amount applied in determining child support.
Texas has embraced guidelines for child support that stipulate the portion of net resources to be paid based on the number of children :
1 Child: 20% of net resources
2 Children: 25% of net resources
3 Children: 30% of net resources
4 Children: 35% of net resources
5 Children: 40% of net resources
6 or More Children: Not less than 40% of net resources
Let’s take an example to understand better how this might be calculated:
Gross Monthly Income: $5,000
Deductions: $500 for taxes, $200 for health insurance of child
Net Resources: $4,300
Number of Children: 2
Under Texas guidelines, it would look something like this:
25% of $4,300 = $1,075 a month child support.
Additional considerations that the court may make adjustments in regard to child support payment include:
Extraordinary Educational Expenses: When a child has special needs for education, the court will then increase the amount of support.
Special Medical Needs: Special needs expenses resulting from chronic illness, disabilities or other special medical needs may be a factor in adjusting support.
Travel Expenses for Visitation: Where the non-custodial parent is incurring significant travel expenses for visitation, this too may be considered by the court in its determination of support.
Other Financial Obligations: Other obligations include supporting other children or aged parents.
Utilizing the above-described calculations, the Court will generate a final child support order. This final order will include a dollar amount paid, periodic nature of the payment, and special provisions for health insurance or other add-on expenses.
Child support orders are not immutable. Where circumstances have changed substantially, either parent may request a modification of the child support order. Common grounds that give rise to a modification in the support orders include changes in income and in the child’s needs.
Changes in Income: A substantial rise or fall in the income of the paying parent could be adequate for modification.
Changes in Custody Arrangements: When one parent has the child for a fraction of the time that is substantially different from what the guidelines assume, support amounts can be affected.
A motion must be filed with the court to modify a support order. The relocating parent bears the responsibility for presenting evidence of changed circumstances.
One major issue that exists within the state of Texas is child support delinquency. Certain mechanisms of enforcement do exist, however, and they include:
Keep Records of the Payments You Have Made/Received: The record should contain the date on which the payment has been made/received, amount paid and method of payment.
Communicate with your co-parent: Open lines of communication help avoid confusion over how much money was owed or on what date.
Access the Texas Child Support Portal: The Texas Attorney General’s Office supports an online portal for making and tracking payments that makes the process much easier to handle for both parents.
Seek Legal Advice where Necessary: You may want to seek legal advice for problems you may have regarding your case in child support to help you move your rights and see that the orders of the court are complied with.
An estimated calculation of child support in Austin, Texas, in 2024, will be determined by the state guidelines concerning child support, including identification of income with correct deductions, among other factors that may adjust this amount. Actually, this will be the step-by-step process in which parents will be duly prepared to deal with the child support system.
Contact Kimbrough Legal PLLC with any questions regarding your specific situation or if you need legal help. Our experienced family law attorneys will help guide and represent you in assuring the needs of your child are met.
Contact us today for more information about your rights and responsibilities, and to set up a consultation regarding child support in Texas.
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