Each parent in obligated to support their children financially. Whether as a result of a divorce or a relationship ending, an order entered by a family court will address child support, medical support and custody. A qualified Houston child support lawyer can be of valuable assistance in this process.
Child support in Texas is calculated according to a strict set of guidelines mandated by the Texas legislature. The guidelines are broken down by a percentage of the net resources of the person obligated to pay child support (the “obligor”).
In addition to an obligor’s regular paycheck, other types of compensation including bonuses and commissions also are included in determining child support. A Houston child support lawyer can help you with gathering the financial information required by the court.
For self-employed obligors, calculating child support can get complicated as the IRS definitions and deductions that lead to one’s “income” for a self-employed obligor do not necessarily line up with what qualifies as “income” for Texas child support purposes. These are important distinctions that you may want to consider discussing with a Houston child support lawyer.
An obligor is allowed certain deductions in calculating his “net resources”, which is the basis of the child support percentages. An obligor is allowed to deduct from his net resources: payment of taxes for Social Security, federal income tax standard deduction and one personal exemption, dues for union membership, state income tax (if obligor lives in a state with an income tax), and payment of the child’s health insurance premiums.
If you are encountering disputes regarding payment of child support with the other parent, you need an aggressive advocate on your side in court. Call now to discuss your legal options with a knowledgeable Houston child support lawyer at 713.221.9088.
Calculating Texas Child Support
Once an obligor’s net resources are determined, the following are the percentages for standard child support under Texas guidelines:
1 Child: 20% of the Obligor’s Net Monthly Resourses
2 Children 25% of the Obligor’ Net Monthly Resources
3 Children 30% of the Obligor’s Net Monthly Resources
4 Children 35% of the Obligor’s Net Monthly Resources
5 Children 40% of the Obligor’s Net Monthly Resources
6 Children 40% of the Obligor’s Net Monthly Resources
7 Children 40% of the Obligor’s Net Monthly Resources
These guidelines for child support pertain to obligors with up to $8,550 of monthly net resources. However, a court can order additional child support to be paid by the obligor if his monthly net resources are more than $8,550 per month if based on the child’s proven needs. This analysis can involve many factors and retaining a Houston child support lawyer can help in presenting this information to the court.
When “above-guidelines” child support is requested, both parents’ financial situations can be considered by the court. This is different than when “within guidelines” child support is at issue – only the obligor’s net monthly resources are considered by the court.
The best interest of the child is the primary focus of the court in considering an award of child support that is more than allowed by the statutory guidelines. The court is allowed to consider the following criteria in assessing the child’s best interests:
(1) The ages of the children and their specific needs;
(2) Whether educational costs will be necessary after graduation from high school;
(3) The costs of health care for the child, including insurance and out of pocket costs;
(4) Any extraordinary needs of the child such as health care or education;
(5) Each parent’s resources for the child’s financial support;
(6) If a parent receives alimony; and
(7) Other factors that affect a child’s best interests.
Houston Child Support Lawyer
If you are having difficulty in dealing with child support issues, contact The Larson Law Office today to discuss your case with a qualified Houston child support lawyer at 713.221.9088.
Phone: (713) 221-9088