It is difficult raising a child on your own. As the conservator establishing the primary residency of your children, you are entitled to receive the support you need and deserve for your child. Our child support attorneys can help you. Call The Báez Law Firm today. We will work together to achieve the best results for your family!
What is child support?
Child support is the financial assistance a non-custodial parent is obligated to pay for the support of their child.
How is child support calculated?
When calculating child support, the court must determine the obligor’s monthly income. Child support is based off of the obligor’s net resources. Income can include, among other things, any of the following:
- Wages and salary
- Self-employment income
- Retirement pay
- Social Security benefits
- Unemployment benefits
- Disability and worker’s compensation benefits
The net income of the obligor is then multiplied by a certain percentage, according to the number of children for whom child support is sought. This percentage may be lowered if the obligor has a duty of support for other children not before the court.
The percentage applied to the obligor’s net resources is as follows:
- 20 percent of net resources for one child
- 25 percent of net resources for two children
- 30 percent of net resources for three children
- 35 percent of net resources for four children
- 40 percent of net resources for five children
- Not less than 40 percent of net resources for six or more children.
If the obligor has a duty of support for children not before the court, the above mentioned percentage is decreased depending upon the number of children they support. For example, if you are seeking child support for one child and the obligor has two other children for whom they pay child support, the percentage applied to the obligor’s net resources is 16%.
What is not net resources?
When calculating the net resources available to an obligor, the court will not consider:
- Welfare benefits
- Income of the obligor’s spouse or significant other
Deviating from the Child-Support Guidelines:
The amount of child support calculated can increase or decrease depending on a number of factors. Such factors can include, among other things:
- The age and individual needs of the child
- Payment of health insurance and uninsured medical expenses
- The needs and net income levels of the parents
- The amount of alimony or spousal maintenance actually and currently being paid or received by a party
- Traveling costs for exercising possession of, and access to, the child
- Each party’s period of possession of, and access to, the child
- Debts assumed by either party
Under Texas law, the court may sign or authorize the issuance of a withholding order for child support payments. Under a withholding order, the employer of the obligor is required to automatically withhold a portion of the obligor’s paycheck to cover their child support obligations.
The parties may agree, and the court may find, that good cause exists so that no order to withhold from earnings for child support should be delivered to an obligor’s employer, so long as there are no delinquent child support payments or other violations of the child support order.
If you have any questions regarding your rights to receive child support call the attorneys at The Báez Law Firm. We can help you make the right decisions for you and your family. Contact our law firm today for more information! 210-979-9777