CHILD SUPPORT HOUSTON
The Texas Family Code has child support guidelines which recommend that the Possessory Conservator or the non-primary Joint Managing Conservators pay a certain percentage of his or her net resources in child support. "Net resources" is defined as all income after taxes, social security, union dues, and health care insurance for the children are subtracted. The guidelines provide for the following percentages, depending on the number of children involved:
One child - 20%
Two children - 25%
Three children - 30%
Four children - 35%
Five children - 40%
Six or more children - not less than for five children
The court has the ability to vary from these guidelines if it finds unusual circumstances warranting higher or lower support. These percentage guidelines apply only to the first $7,500.00 of the monthly net resources. The court presumes that the appropriate percentage of $7,500.00 is adequate support for children, and it is up to the receiving parent to provide evidence to the court that the children need more. If the paying parent nets significantly more than $7,500.00 per month and the children's needs justify higher child support, the court may order higher support. Additionally, the court typically orders the child-support paying spouse to also pay for the cost of the children's medical insurance. Uninsured medical expenses, including co-pays or deductible amounts are generally paid equally by each parent. The income of the custodial parent may be considered in setting child support, but it will probably have little effect.
How does the court determine net resources?
First, the court must first calculate all resources the obligor has. This includes:
- 100% wage and salary income and compensation, including commission, overtime, tips, and/or bonuses
- Income from interest, dividends, and royalties
- Self-employment income
- Net rental income (after deducting operating expenses)
- All other income actually received - for example,severance pay,retirement benefits,pensions,trust income,annuities,capital gains,social security benefits,unemployment benefits,workers compensation benefits,interest income,gifts and prizes,spousal maintenance, and alimony
Next, the court deducts the following items to determine net income:
- Social Security taxes
- Federal income taxes based on the tax rate for a single person claiming one personal exemption and the standard deduction;
- State income tax
- Union dues
- Health insurance coverage for the obligor's child
Gross income less the above-referenced deductions, yields an obligor's net resources.
If you would like more information, contact one of our Houston child support lawyers today.
Houston Divorce Lawyer
THERUDISEL LAW FIRM, PC
8989 Westheimer Rd., Suite 120
Houston, Texas 77063
Office: 713/781-7775
Fax: 713/781-7785
Cell: 713/269-7775
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