Calculating monthly child support payments in Texas usually comes down to doing some math. Below are the standard guidelines however your circumstances may be different especially if paying child support for children in multiply homes.
How many children?
The Texas Family Code provides for the following guidelines:
1 child = 20% of the non-custodial parent’s average monthly net resources
2 children = 25% of the non-custodial parent’s average monthly net resources
3 children = 30% of the non-custodial parent’s average monthly net resources
4 children = 35% of the non-custodial parent’s average monthly net resources
5 children = 40% of the non-custodial parent’s average monthly net resources
6 or more children = not less than 40% of the non-custodial parent’s average monthly net resources
See Texas Family Code Section 154.125.
Net Resources = Gross Income Minus Statutory Deductions
As of 2013, the guidelines are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $8,550.00 but are subject to adjustment in 2019.
(1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
(2) interest, dividends, and royalty income;
(3) self-employment income;
(4) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and
(5) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits other than supplemental security income, United States Department of Veterans Affairs disability benefits other than non-service-connected disability pension benefits, as defined by 38 U.S.C. Section 101(17), unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.
(1) social security taxes;
(2) federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;
(3) state income tax;
(4) union dues;
(6) if the obligor does not pay social security taxes, nondiscretionary retirement plan contributions.
Child Support Beyond the Standard Guildines
The following circumstances may be considered when determining whether or not these standard guidelines are “unjust or inappropriate” but keep in mind that in no event may the obligor be required to pay more child support than the greater of the presumptive amount from above or the amount equal to 100 percent of the proven needs of the child.
(1) the age and needs of the child;
(2) the ability of the parents to contribute to the support of the child;
(3) any financial resources available for the support of the child;
(4) the amount of time of possession of and access to a child;
(5) the amount of the obligee’s net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee;
(6) child care expenses incurred by either party in order to maintain gainful employment;
(7) whether either party has the managing conservatorship or actual physical custody of another child;
(8) the amount of alimony or spousal maintenance actually and currently being paid or received by a party;
(9) the expenses for a son or daughter for education beyond secondary school;
(10) whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;
(11) the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;
(12) provision for health care insurance and payment of uninsured medical expenses;
(13) special or extraordinary educational, health care, or other expenses of the parties or of the child;
(14) the cost of travel in order to exercise possession of and access to a child;
(15) positive or negative cash flow from any real and personal property and assets, including a business and investments;
(16) debts or debt service assumed by either party; and
(17) any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.