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When couples with children begin the divorce process, they can count on facing the issue of child support. Child support is a monetary payment made from one former spouse to another designed to help pay for the child’s living expenses.
The process of calculating child support in Austin starts with a formula provided by the state. However, judges have the power to deviate from this formula. They will generally make their decision based on what is best for the child. A seasoned child support attorney could provide insight and guidance on what to expect. Give our firm a call today.
Parents have an obligation to support their children financially, even when they lack custody or visitation rights. Generally, the parent who does not have primary custody of the child is the one who makes monetary payments to the other parent who does.
This money is designed to cover a share of the cost of raising the child. Given that the party that provides a home, clothing, and food pays for those costs from their own pocket, these mandatory payments are designed to give the non-custodial parent an equal share of the burden.
The first step for Austin parents to determine their child support obligation is to calculate the gross income of both parties. This largely takes into account all incoming payments, from wages to stock dividends. The only sources that the courts will not take into account include:
Judges will carefully evaluate not only personal accounts, but also the structure of any business interests in an effort to identify attempts to hide assets. They will look at a wide range of documents when identifying gross income, such as:
Judges will take the total earned and then reduce based on specific deductions. Some of these deductions include union dues, taxes, insurance that covers the children, and child support payments from other relationships.
The next factor to consider is the number of children two people share. The judge will start with the net income of the paying parent and then make an award based on how many kids they have. For example, a single child results in paying 20% of net monthly income. That amount goes up to 40% if there are five or more kids.
A parent may petition the court for more than what is recommended by the formula. This is an option when the petitioner can show a child has unique needs. These needs can refer to something beyond a disability. It might include the costs of training for a world-class athlete or tuition for a child who was accepted to a prestigious school.
The courts have extensive leeway when making this decision, and it is more common in cases involving couples with high assets. A dedicated family law attorney in Austin could help calculate these child support deviations.
Because of the flexibility available to judges when calculating child support in Austin, it is crucial that you have the support of strong legal counsel. Your lawyer could make a case for or against deviating from these guidelines when needed. To learn more about your options, call our firm today.
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